Can an employer be prosecuted under both, Factories Act and Indian Penal Code, for an accident taking place in a factory?
As per case law decided on 2-12-2006, by Jharkhand High Court in Crl. M.P. No. 386 of 2006, in the case titled, ‘Ashwini Kumar Singh v. State of Jharkhand’ and reported in 2007 LLR 866, for an accident in a factory, when Inspector of Factories, has filed prosecution under section 92 and 105 of the Factories Act, 1948, the proceedings under general law (Indian Penal Code) is not sustainable. It has been observed by the Hon’ble Court that by filing two separate cases under the aforesaid legislations, the petitioner has been harassed twice, for single accident, which is restricted under section 300 of the Code of Criminal Procedure. It however needs to be checked as to whether there is any judgment of any superior court on this matter.
Non-service of notice of accident being violation of section 88 of the Factories Act and rule 55A of the Bihar Factories Rules is an offence committed by the occupier of the establishment under section 92 of the Factories Act.
- Tapas Kumar Nag @ T.K. Nag v. State of Jharkhand, 2014 LLR 1237 (Jhar HC).