R.B. SINGH Vs. STATE OF C.G

JUDGEMENT

(1.) THIS revision is directed against the impugned order dated 24-11-2004 passed in Criminal Appeal N0. 6/M.P.I.R. Act/IV/2003 by Industrial Court, Raipur arising out of the judgment dated 28-11-2002 passed by Judicial Magistrate First Class, Labour Court, Durg in Criminal Case No. 372/Factories Act/99. By judgment dated 28-11-2002 the learned Magistrate has acquitted the applicant/ accused of the offence under Section 92 of the Factories Act, 1948 whereas by the impugned order dated 24-11-2004 while reversing the judgment of the learned Magistrate the learned Industrial Court has convicted the applicant/accused under Section 92 of the Factories Act, 1948 and sentenced him to pay fine of Rupees One Lakh, in default of payment of fine the applicant/accused to undergo rigorous imprisonment for 6 months.

(2.) BRIEF facts of the case are that at the relevant time the applicant/accused R.B. Singh was working as Factory Manager in Continuous Casting Shop, Bhilai Steel Plant, Bhilai. It is alleged that on 4-6-1999 when one Budharu was operating the crane and he was lifting last two heat slabs of a stack, 16 heat slabs stacked nearby toppled due to jerk and one of the 16 heat slabs fell on the deceased Dharam Singh who was working as Yard Assistant and his duty was to give signal to the crane operator for shifting the slabs to a particular place. After the incident, a case was registered against the applicant/accused on the ground that on the relevant date as he was working as factory manager it is he who was responsible for the entire act.

(3.) THE judgment dated 28-11-2002 has been reversed by the appellate Court vide impugned order dated 24-11-2004 passed in the criminal appeal preferred by the State Government. Hence this revision.