The importance of timely and reasoned responses to show cause notices and the implications of delayed replies in criminal prosecutions under the Factories Act.

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 door material Lift after moving 2 feet upward stopped abruptly. At that time, another worker by name Vijay Kumar, aged 21 came and inspecting the lift found the welding of the strips holding the doors given way due to damage. Through the gap between the two doors, he inserted his bare hand and attempted to fix the damaged latch. Suddenly, the lift doors closed and the lift started moving upward. The right hand of Vijay Kumar caught between two doors and he sustained wrist fracture. The cause for the accident was due to the failure of the occupier/Manger to provide safety gears to the workers while engaging them in hazardous activity and omission to provide adequate training in industrial safety.

3. The next accident occurred on 08/06/2023 in the first shift of the day in plant - II, a trainee worker by name Mahesh aged 22 was engaged in mezzanine floor to unload plastic parts from the material trolley. After unloading at about 10:45 a.m when he was moving the empty trolley towards the lift, he tried to pull the chain of the trolley on the right side without wearing hand gloves. When the trolley moved with heavy force, Mahesh tried to stop the trolley with his bare hands . In the said attempt, his left hand ring finger caught in between the trolley wall and the handle chain. When tried to retrieve his finger, his left hand ring finger to edge got crushed. The trolley was not fixed with push and pull handle bar. The said employee was not provided with adequate training regarding safety measures and was not provided with hand gloves.

4. Both these accidents were intimated to the Department by the Management in Form-18. The Deputy Director of Department of Industrial Safety and Health caused inspection of the industries on 16/06/2023. She found various violations and omissions of safety measures, which are mandated in Factories Act and Rules and the same was caused for these two accidents. Hence, show cause notices dated 23/06/2023 was issued by registered post to the petitioners being the Occupier and Manager of the factory. On 04/07/2023 further proceedings was issued by Joint Director intimating that no reply for the show cause notice received and the defects mentioned in the show cause notice not rectified. Therefore, the department is going to proceed further against them. Thereafter the Joint Director, Industrial Safety and Health, submitted an proposal to the Additional Director, Industrial Safety and health, Salem for initiating criminal action against the petitioners under Section 7 A(1)(2) and Section 41 of Factories Act 1948 r/w Rule 61 E and 61 F of the Tamilnadu Factories Rules 1950. On receiving the sanction order dated 11/08/2023 to prosecute, the complaint laid before the Chief Judicial Magistrate, Krishnagiri on 14/08/2023 and the same was t