ORDER :

COMMON PRAYER: Criminal Original Petitions are filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.Nos.239 to 250 and 282 to 297 of 2013 respectively on the file of the Learned Chief Judicial Magistrate, Chengalpet and quash the same as against the petitioners.

All these Criminal Original Petitions filed to quash the proceedings in C.C.Nos.239 to 250 and 282 to 297 of 2013, pending on the file of the Chief Judicial Magistrate Court, Chengalpet (trial Court).

2. Since all the cases in C.C.Nos.239 to 250 and 282 to 297 of 2013 are arising out of common show cause notice, dated 11.03.2013 in No.(B)1186/2013, this Court disposes all these Criminal Original Petitions by way of common order.

3. The respondent viz., the Deputy Director, Industrial Safety and Health, Sriperumbudur conducted inspection on M/s.Renault Nissam Automotive India Private Limited situated at plot No.1, Sipcot Industrial Park, Oragadam, Mattur Post, Sriperumbudur Taluk, Kancheepuram (For convenience and brevity hereinafter referred to as 'RNAIPL') on 27.02.2013 and prepared inspection report, dated 11.03.2013 in No.KM/8453/2013, wherein 38 violations under the Factories Act, 1948 and the Tamil Nadu Factories Rules, 1950 have been noted.

4. The background of the cases in C.C.Nos.239 to 250 and 282 to 297 of 2013 is that 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 in the year 2010 and the factory 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 post of Occupier and Manager, are responsible persons of the factory for all compliance of the Acts and Rules and necessary penal action under the Act can be taken against them if any violation. On 27.02.2013, when the officials from the respondent inspected the factory on a routine basis to confirm whether the factory is complying to the provisions of the Factories Act, 1948, they found many lapses committed by the petitioners under various provisions of the Factories Act, 1948 and Tamil Nadu Factories Rules, 1950. Hence, the respondent issued show cause notice, dated 11.03.2013 listing 38 violations, which are as follows:-

1. Hazardous process is carried on in the factory, number of full time Medical Officers as prescribed in the Rules not appointed and notified to the Chief Inspector of Factories, Chennai.

2. The Occupier of the Factory not prepared and issued written statement of his policy in respect of Health and Safety of the workers.

3. In the manufacturing process, the factory utilizes large quantities of thinner and paints containing chemicals which are flammable substance such as Xylene and Toluene. Further, the Work Environmental Monitoring Studies not conducted in the factory.

4. The factory uses large quantities of Thinner and Paints, a flammable substances, but no adequate fire extinguishers are provided and maintained. The fire training for the fire fighters and drills are not held.

5. Inside the factory two LPG bullet capacity of 100 metric tonnes installed, but the tankers are not provided with flame proof electrical apparatus and fittings and other protective shoes are also not provided.

6. No spark arrestors provided to prevent ignition source.

7. Written Operating Procedure for loading and unloading LPG bullet in both English and Tamil languages are not prepared and provided to the workers and supervisors working in the factory.

8. Xylene and Toluene chemicals are covered under Appendix A of the Schedule XVI. Cau