Right to health, medical aid to protect the health and vigor to a worker while in service or post retirement is a fundamental right. The right to health to a worker is an integral facet of meaningful right to life to have not only a meaningful existence but also robust health and vigor without which worker would lead life of misery. Lack of health denudes his livelihood. Compelling economic necessity to work in an industry to bread winning to himself and his dependents should not be at the cost of the health and vigor of workmen. Facilities and opportunities, as enjoined in Article 38, should be provided to protect the health of the workmen. Provision for medical test and treatment invigorates the health of the worker for higher production or efficient service. Continued treatment, while in service or after retirement is a moral, legal and constitutional concomitant duty of the employer and the State. Therefore, it must be held that the right to health and medical care is fundamental right.

All asbestos industries are directed (1) To maintain and keep maintaining the health record o every worker up to a minimum period of 40 years from the beginning of the employment or 15 years after retirement or cessation of the employment whichever is later; (2) The Membrane Filter test, to detect asbestos fibre should be adopted by all the factories or establishments at par with Metalliferrous Mines Regulations, 1961; and Vienna Convention and Rules issued there under; (3) All the factories whether covered by the Employees State Insurance Act or Workmen's Compensation Act or otherwise are directed to compulsorily insure health coverage to every worker; (4) The Union and the State Governments are directed to review the standards of permissible exposure limit value of fibre/cc in tune with the international standards reducing the permissible content as prayed in the writ petition referred to at the beginning . The review shall be continued after every 10 years and also as and when I.L.O. gives directions in this behalf consistent with its recommendations or any conventions; (5) The Union and all the State Governments are directed to consider inclusion of such of those small scale factory or factories or industries to protect health hazards of the worker engaged in the manufacture of asbestos or it ancillary products. [Consumer Education and Research Centre vs. Union of India. AIR 1995 SC 922 = 1995(3) SCC 42 = 1995(1) JT 636 = 1995 AIRSCW 759=1995(1)SCALE 354. A.H.Ahmadi {CJ}, Madan Mohan, Punchi and K.Ramaswamy {JJ} ]