Criminal complaint filed by factory inspector against the occupier of the company for fatal accident
JAI SINGH RAGHUVANSHI
(Querist) 08 October 2011
This query is : Resolved
In fatal accident cases filed by the factory inspector before CJM Court and after the matter is listed for hearing/loak adalat. Can anybody instead of director of the company (who is occupier) represent before the Honorable Court for final disposal of case after pleading guilty and payment of fine. or by taking the letter of authority of the director to represent on his behalf before the court because his is not well. If there is any provision in the factory act 1948 and can such case be disposed off in above manner. Pl given me feed back on the above case. Jai Singh Legal Officer
Arun Kumar Bhagat
(Expert) 08 October 2011
Whether the case is petty case or serious case ? If petty case, punishable with fine only then any lawyer can represent u/s 205 Cr.P.C and plead guilty to the charge.
R.Ramachandran
(Expert) 08 October 2011
Only the accused has to appear. The accused cannot ask somebody else to be present in his place.
Raj Kumar Makkad
(Expert) 08 October 2011
If director is not well then he may move an application seeking his personal exemption to appear and may pray therein to admit guilt as proposed and may seek decision accordingly by sending his representative.
prabhakar singh
(Expert) 09 October 2011
technically speaking only Mr. Ramachandran is right rest is shopping.
Guest
(Expert) 09 October 2011
You need to clarify the following points first:
1) Occupier of what, factory or residence/flat in the factory?
2) Further, fatal accident of whom, a worker of the factory on duty or a contractual labour at the residential premises of the Director?
3) If fatal accident of any worker occured in factory, whether under the direct supervision of the Director or any shop manager/supervisor/foreman was supervising the manufacturing operations?
Ajay Bansal
(Expert) 15 October 2011
See A.I.R. Manuals.
Guest
(Expert) 15 October 2011
Dear Shri Ajay Bansal,
Would you please like to make a mention of the year, volume, relevant case law, chapter or the para number of the concerned A.I.R. Manuals, as you adviced to see.
