M DINSHAW AND CO Vs. INSPECTORATE DOCK SAFETY

JUDGEMENT

(1.) Rule. By consent rule is made returnable forthwith. Heard both sides.

(2.) The Writ Petition is filed to challenge an order issuing process upon a Complaint bearing No. 1903/s/2003 filed before the metropolitan Magistrate, 16th Court, ballard Pier, Mumbai. The offences alleged in the said complaint are under Section 14 (2) of the Dock Workers (Safely, Health and Welfare) Act, 1996 read with Regulation 6 of Dock Workers (Safety, Health and welfare) Regulations, 1990. First petitioner is private Limited Company and second petitioner is the Managing Director thereof. At the time when the first petitioner was carrying out unloading of general cargo from a ship which was docked at Indira Docks, an accident occurred. One dock worker Gariba sustained serious injury and thereafter succumbed to the same. An inquiry was carried out in the incident. Ultimately, since the worker was working for unloading of general cargo from the aforesaid ship at the instance of the present petitioners, they were charged with offences punishable under the aforesaid Act and the Scheme.

(3.) This petition was placed before this court on earlier occasions. Notice was directed to be issued to the concerned Chief inspector of Dock, Safety and Director General who was added as respondent No. 3. After notice was served, the petition appeared before this Court and petitioners counsel suggested that they would pay compensation to the heirs and legal representatives of the deceased and the matter can be amicably resolved.