T.P. MOHANLAL Vs. STATE OF KERALA

JUDGEMENT

(1.) All these Crl. M.Cs. Are filed by the Managing Director, Kerala Water Authority and the Superintending Engineer, Kerala Water Authority, P.H. Circle, Moovattupuzha. The second respondent. Inspector of Factories & Boilers filed the complaints against the petitioners mentioned above alleging violation of the provisions of the Factories Act and the Kerala Factories Rules.

(2.) In Crl MC 1725/2007 it is alleged that the petitioners violated Section 7(a) of Factories Act and Rule 81(b) of Kerala Factories Rules. The allegation is that the petitioners failed to ensure the health and safety of the workers by providing adequate instructions, necessary training and supervision and as a result of the same an accident occurred resulting in chlorine leakage. It was stated that there was a bursting of PVC pipe which connected the toner and chlorinator at about 2.15 p.m. on 07/11/2006 at the Water Treatment Plant, Thodupuzha, which according to the complainant is in the ultimate control of the Managing Director, the first accused.

(3.) It is alleged that the 2nd respondent along with the Joint Inspector of Factories visited the premises of the water treatment plant on 09/11/2006 and conducted inspection. The 2nd accused, the Superintending Engineer was also there at the premises. It was alleged that the 2nd petitioner, the Superintending Engineer threatened the 2nd respondent/complainant. Violations of the Act and Rules are mentioned in the different complaints filed by the 2nd respondent as ST 72/2007, 73/2007 and 74/2007. The complaints were filed before the Chief Judicial Magistrate's Court, Thodupuzha.