BHAGYA CHANDRA RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused Nos.1 and 2 in C.C. No.1350/2013 pending on the file of VII Addl. Chief Metropolitan Magistrate, Bangalore, have come up in these petitions seeking to quash the order dated 23.01.2013, wherein the learned Magistrate while taking cognizance of the offence punishable under Section 92 of the Factories Act against petitioners herein, has ordered issue of summons to them. Petitioners have also sought for quashing of the complaint dated 22/23.01.2013 filed by the respondent herein as well as the notice issued by the respondent dated 26.10.2012 in respect of the inspection conducted by him in the Factory of petitioners.

(2.) The fact that petitioners 1 and 2 are Occupier and Manager respectively of M/s. Kennametal India Limited is not in dispute. It is also not in dispute that the said Factory has more than 500 employees. As per Rule 88-M of the Karnataka Factories Rules, 1969, (hereinafter referred to as the Factories Rules ), the Factory should have a full time Factory Medical Officer for Factories and as per Rule 88-M(2)(i), the said Doctor should possess a Certificate of Training in Industrial health of minimum three months duration recognized by the State Government or in the alternative, a Diploma in Industrial Health. If such a person is not available for appointment, an exemption is provided under proviso (ii) to Rule 88- M(2) of the Factories Rules providing an opportunity to the Occupier to make an application seeking exemption for the same on the ground that a suitable person possessing necessary qualification was not available for appointment.

(3.) In the instant case, as could be seen from the records, as on the date of inspection of the Factory i.e., 26.10.2012, the complainant respondent herein, has noticed the following violations in Occupational Health Centre: