STATE OF MYSORE Vs. NARAYANA RAGHAVENDRA SHIRUR

JUDGEMENT

(1.) This appeal against an order of acquittal arises out of a prosecution under the Factories Act.

(2.) The circumstances out of which the prosecution arose relate to a pit inside the factory in question, 12 feet long, 5 feet wide the 4 feet 10 inches deep, into which boiling soap used to get collected in the course of the manufacturing processes adopted and followed in the factory. It appears that it was necessary to empty the hot soap stock collected in the pit from time to time or at certain intervals so as to provide accommodation for further soap coming down from the plant. It appears that on a prior occasion, one of the workers in the factory had fallen into the hot soap when engaged in emptying the contents of the pit with a bucket. On that occasion, a note was made by the Inspector of Factories having jurisdiction over the factory to the effect that the accident could have been avoided had a proper and safe method been employed for removing the soap from the pit. Subsequent to these observations, steps were taken by the factory for complying with the observations of the Inspector. These steps were twofold; a power-driven pump was installed for emptying the contents of the pit without employing any manual labour, and the pit itself was got covered with 14 planks, each of a width of about 1 foot 11 inches.

(3.) It appears, however, from the evidence that, at any rate, when the newly-installed pump was not in working order, it did become necessary to employ manual labour to empty the pit, i.e., by a worker actually dipping a bucket into the contents of the pit and lifting it up and pouring the same either by himself or through the assistance of other workers into empty barrels.