BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04.01.2024 CORAM THE HONOURABLE MRS.JUSTICE R.HEMALATHA CRL OP(MD)No.14791 of 2020 and Crl.M.P(MD)Nos.7000 and 7001 of 2020 V.R.Jayakumar ... Petitioner Vs The State represented by Deputy Director (B.O.C.W)

Industrial Safety and Health Department, No.11/A/1, Vinayakar Nagar, Opposite District Court Campus, K.K.Nagar, Madurai. ... Respondent Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records relating to the original complaint in S.T.C.No.2388 of 2020 dated 20.03.2020 on the file of the Chief Judicial Magistrate, Madurai and quash the same.

For Petitioner : Mr.V.Kannan For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

Challenging the private complaint filed by the Deputy Director, Industrial Safety and Health Department, Madurai, in STC No.2388 of 2020 before the learned Chief Judicial Magistrate, Madurai,, against the present petitioner, for the offences punishable under Sections 39(1) and 62(1)(2)(2b) r/w Rule 210(1)(a)(b) and 210(2) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (hereinafter referred to as 'the Act') and Section 50(1)

IPC, the present Criminal Original Petition is filed.

2. The brief facts of the case of the prosecution in a nutshell, are as follows:-

The petitioner a School teacher engaged the services of one M.Sakthivel, a Mason for constructing a house in his land in Samayanallur, Madurai District and also allegedly entered into an unregistered construction agreement on 13.06.2019. Accordingly, Sakthivel and other workers started constructing a building in the land belonging to the petitioner. On 23.12.2019 at about 03.45 p.m. one R.Sivasakthi, aged 26 years got electrocuted, while removing the centering sheet and he died on the spot. Hence, a case in Crime No.450 of 2019 was registered by the Special Sub Inspector of Police, Samayanallur Police Station, on 23.12.2019 for the offences punishable under Sections 337 and 304(A) IPC against the petitioner and Sakthivel (Mason). The legal heirs of the deceased Sivasakthi filed a petition under the Workmen Compensation Act in E.C.No. 62 of 2020 before the Labour Court, Madurai, in which, a compensation of Rs.8,66,120/- was awarded to them and the present petitioner was directed to pay the said amount. In the civil miscellaneous appeal filed against the said orders, by the present petitioner, an order of stay was granted on condition that the present petitioner should pay a sum of Rs.4,50,000/-. Subsequently, the Deputy Director, Industrial Safety and Health Department, filed a private complaint in STC No.2388 of 2020 before the Chief Judicial Magistrate, Madurai, for the offences as stated above against the present petitioner. Aggrieved over the same, the present criminal original petition is filed by the petitioner.

3. Mr.V.Kannan, learned counsel appearing for the petitioner contended that when the petitioner had already paid more than 50% of the compensation amount, he cannot be held liable for criminal prosecution and that in the private complaint in STC No.2388 of 2020, the contractor had not been shown as a party respondent. His further contention is that the petitioner being the owner of the land had entrusted the construction work to the contractor, namely, M.Sakthivel, who had employed several persons. According to him, the contractor can alone be held responsible for not taking any precautionary measures and the owner cannot be fastened with criminal liability. It is his further submission that as per Rule 210 of the Act, the owner has reported the accident to the nearest police station, based on which, an FIR was registered. His next contention is that Industrial Safety and Health Department had directly issued summons to him which is against the Act. Therefore, the complaint filed by the Deputy Director, Industrial Safety and Health Department, should be qu