CHANDRA BHUSAN CHATTERJEE Vs. STATE

JUDGEMENT

(1.) THIS is an appeal from convictions under paragraph 55(2) of the Indian Dock Labourers Regulations 1948, read with Section 5 of the Indian, Dock Labourers Act, 1934.

(2.) THE appellants were convicted by the Chief Presidency Magistrate and each sentenced to pay a fine of Rs. 500/ - in default to suffer simple imprisonment for six months.

(3.) A ship carrying cargo of salt was berthed at the Prinsep Ghat moorings and salt was being off -loaded by the said firm on the 23rd of October 1958 when an incident occurred which caused the death of a worker and injuries to four others who had been employed by the appellants in unloading the cargo. On receipt of information the Inspector, Dock Safety, commenced an investigation which resulted in a complaint charging the appellants with having contravened paragraph 55(2) 'of the Regulations. The allegation is that when a basket of salt was being hoisted from the ship's hold by means of a derrick, the wire runner fouled against the thwartship beam on the top deck of the hatch as a result of which the workers fell from a height of about 25 feet and suffered injuries which ended fatally for one of them. It is said that the hatch beam not having been adequately secured, got displaced which resulted in the men being thrown into the ship's hold down a depth of about 25 feet.