K.N.RADHAKRISHNAN Vs. DEPUTY DIRECTOR

JUDGEMENT

(1.) These two criminal original petitions under Sec. 482 of Cr.P.C are filed by the Occupier and the Manager of TVS Motor Company Ltd, Hosur, Tamil Nadu to quash the criminal prosecution launched against them by the Deputy Director, Department of Industrial Safety and Health for violation of the provisions under the Factories Act and Rules framed thereunder.

(2.) In the Manufacturing plant of Two wheelers and Three wheelers of TVS, Hosur, two accident occurred within a span of 15 days. First on 22/05/2023 at about 8.00 a.m, a worker by name Balachander in plant-I of TVS Motor Company Ltd, (KNG 00090) engaged in shifting material through material Lift from the ground floor to 1st floor. While doing the material movement, the double door material Lift after moving 2 feet upward stopped abruptly. At that time, another worker by name Vijay Kumar, aged 21 came and inspecting the lift found the welding of the strips holding the doors given way due to damage. Through the gap between the two doors, he inserted his bare hand and attempted to fix the damaged latch. Suddenly, the lift doors closed and the lift started moving upward. The right hand of Vijay Kumar caught between two doors and he sustained wrist fracture. The cause for the accident was due to the failure of the occupier/Manger to provide safety gears to the workers while engaging them in hazardous activity and omission to provide adequate training in industrial safety.

(3.) The next accident occurred on 08/06/2023 in the first shift of the day in plant - II, a trainee worker by name Mahesh aged 22 was engaged in mezzanine floor to unload plastic parts from the material trolley. After unloading at about 10:45 a.m when he was moving the empty trolley towards the lift, he tried to pull the chain of the trolley on the right side without wearing hand gloves. When the trolley moved with heavy force, Mahesh tried to stop the trolley with his bare hands . In the said attempt, his left hand ring finger caught in between the trolley wall and the handle chain. When tried to retrieve his finger, his left hand ring finger to edge got crushed. The trolley was not fixed with push and pull handle bar. The said employee was not provided with adequate training regarding safety measures and was not provided with hand gloves.