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G. JAYACHANDRAN
K. N. Radhakrishnan – Appellant
Versus
Deputy Director, Department of Industrial Safety and Health, Hosur – Respondent
JUDGMENT
(Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records in C.C.No.462 of 2023, pending on the file of the learned Chief Judicial Magistrate, Krishnagiri, and quash the same. Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records in C.C.No.461 of 2023, pending on the file of the learned Chief Judicial Magistrate, Krishnagiri, and quash the same.)
COMMON ORDER
1. These two criminal original petitions under Section 482 of Cr.P.C are filed by the Occupier and the Manager of TVS Motor Company Ltd, Hosur, Tamil Nadu to quash the criminal prosecution launched against them by the Deputy Director, Department of Industrial Safety and Health for violation of the provisions under the Factories Act and Rules framed thereunder.
2. In the Manufacturing plant of Two wheelers and Three wheelers of TVS, Hosur, two accident occurred within a span of 15 days. First on 22/05/2023 at about 8.00 a.m, a worker by name Balachander in plant-I of TVS Motor Company Ltd, (KNG 00090) engaged in shifting material through material Lift from the ground floor to 1 st floor. While doing the material movement, the double do
The importance of timely and reasoned responses to show cause notices and the implications of delayed replies in criminal prosecutions under the Factories Act.
The complaints were an abuse of process of court, as there was no violation of law and rules and regulations, and the complaints were filed belatedly. The non-mention of the show cause notice and its....
It is well settled that at stage of issuing process, Magistrate is mainly concerned with allegations made in complaint or evidence led in support of same and Magistrate is only to be satisfied that t....
The court emphasized the necessity of adhering to safety regulations in factories, clarifying the applicability of the Factories Act even with fewer than ten workers, and addressing procedural errors....
Point of law : If an order is not obligatory to be passed under the statute, no appeal would lie against the offence alleged under Section 7A(2)(c) of the Factories Act as is alleged in the case at h....
Directors are not liable for offences under Section 92 of the Factories Act, 1948, and related sections and rules.
Prosecution of Central Government employees in factories requires prior sanction under Section 197 Cr.P.C.
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