SHANKAR SHARAN BHARGAVA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER, while working as Factory Manager in M/s. Sriram Fertilizers and Chemicals, Kota, retired from service on April 6, 1981. While he was working as Factory Manager, an accident took place in the above factory premises on December 25, 1979, when a worker named Gaya Prasad died while working on primary mixture of the Bricketing Department of the Carbide Plant of the factory.

(2.) A complaint was made by the respondent No. 2 the Dy. Chief Inspector, Factories and Boilers, Kota, under Section 92 of the Factories Act, 1948 (for short 'the Act of 1948') in the Court of the Chief Judicial Magistrate against the petitioner, being the Factory Manager and one Mr. B. D. Pathak, being the occupier of the above factory. The complaint was made on the ground of violation of safety measures as provided under Section 21 of the Act of 1948.

(3.) BEFORE the trial Court, the petitioner, while denying the charges, also submitted that the co-accused Mr. S. B. Mathur was Incharge Plant Superintendent and it was his duty to enforce compliance of the safety measures given under the Act of 1948. The cognizance was taken by the trial Court against the petitioner, Mr. B. D. Pathak (since dead) and also the other accused Mr. S. B. Mathur.