Dear Esteemed members,
One of my family members have expired 6 months back due to over exposure to a Chemical while he was working with a Chemical Company .The company has adequately compensated the family (more than the Workmen’s compensation to legal heirs).We have now discovered that the Accident was very well avoidable as the Company was well aware of the Hazards of over exposure to that particular chemical as they have declared the hazards of over exposure to that chemical in their annual Report to investors,the symptoms of exposure in employees & the ways the company had adopted to prevent its Employees from falling ill or dying due to over exposure to this particular chemical.
Ironically the employee was exposed to the same hazardous chemical without any preventive medicines/means as declared by the company,thus developing same symptoms as discussed by the company in its Annual Report & falling ill within company premises before the eyes of management & dying due to same illness/exposure after few days in a hospital.The company had adequately compensated the legal heirs, & termed this as a unfortunate incident which was caused due to negligence of deceased employee .Now that we have discovered the Exact cause of death being the Sheer Criminal Negligence of Management & the Company making a totally False Declaration in its Annual Report,about preventive measures it has taken(which never happened) thus an Employee losing his life,My question is
1-Can an FIR be filed against the Company management even after 6 months & even after getting compensation from them?
2-Can the company be prosecuted under section 304 (part II) as the case is much more than criminal negligence(304A) & can the company be prosecuted under section 420 for giving us false information/reasons of death & shifting burden on deceased.?
3-under what sections of IPC can the company be charged for giving false declaration in its Annual Report?
Kindly reply pointwise
Warm Regards
Sarvesh
