ARUN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner Nos.1 and 2 were the Directors and petitioner No.3 was the Supervisor of M/s Sampath Refinary Pvt. Ltd., a company incorporated under the companies Act, engaged in manufacturing activity of refining and distillation of waste oil with the aid of electrical power. The petitioners have sought to quash the proceedings initiated against them in C.C.No.1646/2014 arising out of Crime No.140/2014 registered by the Mandya Rural police for the offence punishable under Section 304-A r/w 34 of Indian Penal Code.

(2.) An accident took place in the above factory on 6.3.2014 at around 11 am, in which fatal injuries were sustained to five contract workers viz., Sreeram Yadav, aged 26 years, Chethu Kumar, aged 23 years, Raju Yadav, aged 30 years, Gama Yadav, aged 25 years and Bablu Kumar Yadav, aged 27 years. The information of the incident was received by the Assistant Director of Factories, Mysuru division through electronic media and immediately he visited the factory premises between 3 pm and 10 pm along with the Deputy Director of Factories and the Labour Officer and conducted enquiry and investigation into the accident. During enquiry, it revealed that the workers involved in the said accident had reported to duty at 9 a.m., on 6.3.2014 in general shift. As per the instructions of Gama Yadav, contract worker-supervisor, two other contract workers/helpers viz., Sreeram and Chethu Kumar took up the work of repairing the blades of the stirrer, clearing of the inner surface and removal of the sludge deposited at the bottom of the distilled oil bleaching tank of capacity 8 KL. In order to carry out the work, the workers opened up the man hole. Sreeram Yadav got inside the tank through manhole by using a rope. The other end of the rope was tied up to MS angle and held by Chethu Kumar and he was assisting Sreeram Yadav in getting into the distilled oil bleaching tank. Sreeram Yadav after going inside the tank was tightening the bolts of the stirrer blades. The work performed by him was observed by Chethu Kumar from the top of the Distilled Oil Bleaching Tank through the manhole. While doing so, Chethu Kumar observed that Sreeram Yadav was uncomfortable and he was not responding to his calls. Immediately, Chethu Kumar got inside the tank using the same rope in order to help Sreeram Yadav. In the process, he also got struck inside the oil tank. Similarly, other three workers viz., Raju Yadav, Gama Yadav and Bablu Yadav, one by one to help each other got inside the tank. In the process, all five workers got struck inside the tank at the bottom portion. Even after lapse of half-an-hour, none of the workers having come out of the distilled oil bleaching tank, the other workers contacted the owner and intimated local police authorities and fire brigade personnel regarding the occurrence. Fire Brigade personnel broke open the refractory brick wall provided around the said tank and cut open the cylindrical vessel by using gas cutter. After evacuating them, they were subjected for medical examination by the doctor present at the accident spot and on examination, the doctor declared them dead.

(3.) The contention of the petitioners is that without the knowledge and instructions of all the three petitioners or any other management personnel around 9 a.m. on 6.3.2014, Sreeram Yadav without taking precautionary measure entered into distilled oil tank and on account of suffocation, he fell unconscious. To save Sreeram, Chethu Yadav entered without following the safety measures, he also fell unconscious. To save these two employees, three other employees viz., Raju Yadav, Gama Yadav and Bablu Yadav, one after the other entered the distilled oil tank without taking proper safety measures and all of them fell unconscious. They were immediately shifted to government hospital and on medical examination, they were declared dead.