FACTORIES ACT CITATION REQUESTED
sankar.n
(Querist) 25 September 2009
This query is : Resolved
P. PARASURAMAN,
N. SANKAR,
ADVOCATES,
VELLORE -9.
DEAR FRIENDS,
PLEASE LET ME CLARIFY WHETHER THE SPECIAL OFFICER (IMPLIED BY NAME) OF A CO.OP SUGAR MILL IS LIABLE FOR THE DEATH OF A WORKER OF THE SUGAR MILL WHILE HE WAS HIT BY THE REVERSING CONTRACT CANE LORRY IN THE UNLOADING SITE OF THE SUGAR MILL CAMPUS UNDER FACTORY ACT ON THE PRETEXT OF NEGLIGENCE AND LACK OF SUPERVISION, APART FROM THE PROSECUTION OF THE LORRY DRIVER UNDER 304 (A) IPC, COMPENSATION BY THE MILL AND COMPENSATION UNDER MCOP. AT THE TIME OF ACCIDENT, THE SPECIAL OFFICER WAS HOLDING ADDITIONAL CHARGE ONLY. FURTHER THE DIRECT SUPERVISING OFFICER (FACTORY MANAGER) HAS ALSO BEEN PROSECUTED UNDER THE FACTORIES ACT. WHEN THE FACTORY MANAGER WHO WAS DIRECTLY SUPERVISING HAS BEEN IMPLICATED IS IT NECESSARY TO PROSECUTE THE SPECIAL OFFICER WHO WAS HOLDING ADDITIONAL CHARGE THAT TOO BY HIS NAME INSTEAD OF DESIGNATION. APPROPRIATE CITATIONS MAY KINDLY BE GIVEN.
Raj Kumar Makkad
(Expert) 25 September 2009
Prosecution is made in personal name and not in the name of designation. If a person is holding additional charge, means he is responsible for the consequences attached with the additional charge and if any untoward incidence or negligence appears during that period, he is definitely responsible even though some other official has also been prosecuted. Better face prosecution and put your stand there vigorously.
