R. KRISHNAN Vs. TAMIL NADU STATE

JUDGEMENT

(1.) Challenging the Criminal proceedings in C.C. Nos.270 and 269 of 2021 on the file of the Chief Judicial Magistrate, Thiruvallur, the present Criminal Original Petitions have been filed.

(2.) The Petitioner in Crl.O.P. No.23468 of 2021 is the Manager of the Tube Investments of India Ltd., and the Petitioner in Crl.O.P. No.23500 of 2021 is the Occupier of the Tube Investments of India Ltd. Since both the cases are similar to the fact and involved in same questions of law, passed the common Order.

(3.) The case of the Complainant is that on 28/6/2021 at around 09.00 p.m. the worker by name Mr. Arumugam, (age 19) S/o. Mr. Arumugaswamy, was required to work in 63 ton press in SU21 assembly Line. The 63 ton Press which is having three operations like Length cutting, Radius notching and Flange folding operations. While working part of the body can reach through the feed area, which is below light curtain sensor. At the time of the incident, the above trainee put his hand below the light curtain sensor and try to remove the defective part from the mold and unknowingly, he pressed the foot pedal. It activated the press tool and his right-hand fist got crushed. The accident happened because of the 63 ton press machine was not provided with a fixed guard with a slip plate caused serious injury to the worker Mr. Arumugam. Thus, the Manager and Occupier have failed to ensure the safety of the worker Mr. Arumugam at work on 28/6/2021. Therefore, a Show Cause Notice was issued on 19/7/2021, for that, Reply Letters were sent from the Petitioners on 24/7/2021. The Complainant re-inspected based on the reply on 31/8/2021. Since not satisfied, obtained sanction from the Director of Industrial Safety and Health, Chennai on 14/9/2021 and filed the Complaint on 22/9/2021, which is now under challenge.