STATE OF MAHARASHTRA Vs. CHINUBHAI HARIDAS

JUDGEMENT

(1.) THIS is an appeal from acquittal and it is filed by the State from ,a judgment or the learned Joint Civil Judge, J. D. and Judicial Magistrate, First Class, Broach, acquitting the respondent who was charged with having committed offences under Sub-sections (3) and (4) of Section 36 of the Factories Act (Act LXIII of 1948) read with Section 92 of the said Act.

(2.) THE appeal raises a question under the Factories Act and the question is one of construction of Sub-sections (3) and (4) of Section 36 of the Act. This question arises upon the following facts: The respondent is the occupier of the Gopal Mills Company Ltd. , Broach, a factory defined by Section 2, Sub-sections (m), Clause (i) of the Act. On 5-7-1955 at 9-30 O'clock in the morning when the factory was working, an accident occurred in the valve pit of the purification plant installed in the factory. As a result of the accident, five workers died. The names of the workers were Chhotalal Nathubhai, Fakirji Dhanjisha, Melia Daodla, Manganlal Gordhanbhal and Chunilal Bechar. The accident occurred in this way. As the valve for pit No. 2 could not be operated on that day, Melia Dadla was asked to go down into the pit to attend to it. Melia went down into the pit without wearing suitable breathing apparatus and a belt securely attached to a rope, the free end of which should have been held by a person standing outside the confined space. He was made to go down into this confined space without taking all practicable measures to remove any dangerous fumes that were likely to be present to such an extent as to involve risk of his being overcome thereby. Melia was soon overcome by deadly poisonous gases in the valve pit and he died. Subsequently, Fakirji, Maganlal, Chunilal and Chhotubhai were also made to go down into the pit. They too went down without wearing suitable breathing apparatus. They also were overpowered with poisonous gases and died. Tanna, the Superintendent of the Municipal Fire Brigade, went to the spot with breathing apparatus and other appliances and he also entered the pit to save the dying persons. There was poisonous gas inside the pit and Tanna himself was attacked by it and his eyes were affected. He became unconscious. Dr. Rasiklal Parikh, Chief Medical Officer and Surgeon at the Seva-shram. Hospital also arrived at the place of the accident. He found that three persons were lying dead outside the pit and the gas which was coming out of the pit was emitting foul odour. Dr. Rathilal Vakharia is a Mill doctor. He found that five persons had died as the result of having been overcome by carbondioxide. Dr. Khar-shedji H. Kamakaka, the Honorary Surgeon at the Civil Hospitals Broach, is an eye-specialist. He examined the eyes of Tanna and his opinion was that the condition from which Tanna's eyes were suffering was possible to he caused by poisonous gases. The incident was reported ta the Inspector of Factories, Mr. K. N. Parekh, and Mr. Parekh visited the factory and made enquiries. He found that suitable breathing apparatus, reviving apparatus, belts and ropes were not available and were not kept ready for instant use beside the confined space. The Inspector visited the factory again on 18-7-1955 and 6-8-1955, and even then none of the above appliances was kept ready beside the valve pit. Indeed, they were not available anywhere in the factory. Upon these facts, the respondent was prosecuted under Section 36, Sub-sections (3) and (4) read with Section 92 of the Factories Act.

(3.) AFTER this complaint was Tiled against the respondent, he filed a complaint under Section 101 of the Factories Act against S. D. Vashistha and Haribhai, Tripathi alleging that it was the duty of these two persons to maintain the apparatus specified in Sub-sections (4) of Section 36 and, therefore, he (respondent) was not guilty of the offences with which he was charged.