ORDER :

COMMON PRAYER: Criminal Original Petitions are filed under Section 482 of the Code of Criminal Procedure, to call for the records in connection with C.C.Nos.120 to 127 of 2015 respectively on the file of the Learned Chief Judicial Magistrate, Chengalpet and quash the same.

All these Criminal Original Petitions filed to quash the proceedings in C.C.Nos.120 to 127 of 2015 pending on the file of the Chief Judicial Magistrate Court, Chengalpet (trial Court).

2. Since all the cases in C.C.Nos.120 to 127 of 2015 arise out of common show cause notices, dated 14.01.2015 in Na.Ka.(F)No.94/2015, this Court disposes all these Criminal Original Petitions by way of common order.

3. The gist of the case in C.C.Nos.120 to 127 of 2015 is that M/s. Renault Nissam Automotive India Private Limited is situated at plot No.1, Sipcot Industrial Park, Oragadam, Mattur Post, Sriperumbudur Taluk, Kancheepuram (For convenience and clarity hereinafter referred to as 'RNAIPL'). RNAIPL is a registered factory under Section 2(m)(i) of the Factories Act, 1948. RNAIPL is a Joint Venture of Renault group BV in Netherlands and Nissan Motor Company Limited, Japan formed under an Memorandum of Understanding with Government of Tamil Nadu. RNAIPL is engaged in the manufacture of Renault and Nissan branded passengers cars. The plant is located at SIPCOT Industrial Estate, Oragadam, Sriperumbudur, Kancheepuram in 640 acres of land. The factory has started its production and has all facilities including canteen, medical centre, creche, rest rooms in each block providing working conditions for the workers. The petitioners, who are holding the posts of Manager and Owner/Occupier, are responsible persons of the factory for all non-compliance of the Acts and its Rules and necessary penal action under the Act can be taken against them if any violation in the factory.

4. On 27.12.2014, the respondent conducted inspection in the factory premises and found that on 26.12.2014, one of the contractor of the factory viz., M/s.Suganj Eco Chemicals Private Limited was carrying out descaling work at the Utility section in Turbo Compressor Cooler and Chiller and Evaporator using chemical called Clout (a mix of Sulphamic Acid, Di Methyl Benzyl Chloride, IPA, Sodium Nitrate, Nitric Acid, Oxalic Acid, Surfactant). The said contractor by deploying four of his personnels viz., Haja Mohideen, B.Boopalan, P.Kannan and R.Sundaravaradan carried out the said work. The contractor carried clout chemical in 12 plastic cans with a capacity of 35 liters in TATA Ace and after bringing the vehicle inside the factory and parking it near the compressor room, they removed 8 such cans inside the compress room and carrying out their work. At about 04.00 p.m., the driver P.Kannan was carrying about 20 liters of clout chemical in open can. While walking near the compressor area, due to slippery floor due to water spreading, he slipped and fell on the floor and the clout chemical spilled all over his body, on his head, face, chest, legs, back and caused acid burns and he suffered 45% burn injuries. Immediately, he was taken to Occupational Health Centre inside the factory. Thereafter, he was taken to Annai Arul Hospital, Mudichur, where he succumbed to death at about 02.10 a.m., early hours on the next day.

5.On receipt of the information regarding the death of said P.Kannan, the respondent conducted inspection on 27.12.2014 in the factory premises and found the following violations:-

P.Kannan was allowed to handle hazardous chemicals without providing proper training and protective gears such as PVC gloves, face mask, PVC apron. He was given cotton apron and allowed to handle the clout chemical in open can. Due to slippery floor, he fell down and clout chemical spilled all over his body and succumbed to death. It is revealed that in the place of handling clout chemicals, quick acting valve at the height of 1.25 cm not placed with adequate water. Since there was no water sprinkler available, the injured P.K