STATE OF GUJARAT Vs. JETHALAL CHELABHAI PATEL

JUDGEMENT

(1.) This appeal raises a question under the Factories Act, 1948. It was unfortunate that there was no appearance on behalf of the respondent but Mr. Prem appearing in support of the appeal has placed the matter very fairly before us with all the relevant reported decisions from the point of view of both the appellant and the respondent. We are much beholden to him for this assistance.

(2.) The respondent is the Manager of an oil mill. The mill had a spur gear wheel. A workman of the mill while greasing the spur gear wheel which was then in motion had one of his hands caught in it. Eventually that hand had to be amputated. It appeared that the spur gear wheel had a cover which had bolts for fixing it to the base but at the time of the accident the cover was not there, having apparently been removed earlier. There is no evidence to show when it was last in position.

(3.) The respondent was prosecuted under S. 92 of the Act for having failed to comply with S. 21(1)(iv)(c) in it. The relevant part of this Section is as follows: