W.P. No.17471/2012
Abhijit Rajan & Ors. vs. State of M.P. & Ors.
12.10.2012
Heard Shri Akash Choudhary learned counsel for the petitioners, on the question of admission and interim relief.
The petitioners have filed this petition being aggrieved by order dated 19.9.2012 passed by the respondent no.2 whereby sanction for prosecution of the petitioners has been granted under section 54 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.
It is submitted by the learned counsel for the petitioners that the petitioners' company is involved in construction of chimneys under the Sasan Mega Power Project. During construction chipping work was being undertaken by the company in which it is stated that due precaution was taken as required by Section 41 of the Act to ensure that the nets were installed and that no labour or employee would traverse the area where the chips were falling. It is stated that unfortunately one Ghasiram Munda, who was working there, died on account of the fact that the chips fell upon him from a height of about 90 metres on 18.5.2012.
It is stated that the respondent authority has granted permission for prosecution of the petitioners
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under section 54 of the Act, in respect of the aforesaid incident which is contrary to law. I have heard the learned counsel for the petitioners as well as perused the impugned order and the documents filed alongwith the petition. From a perusal of the same, it is clear that the authorities, looking to the facts and circumstances of the case and taking into account the fact that the deceased worker infact died on account of falling of the chips upon him, has referred the matter for prosecution stating that the necessary and adequate precautions required to be taken by the petitioners under section 41 of the Act, were not taken. Though the learned counsel for the petitioners has extensively argued that precautions were taken by the petitioners to prevent any mishap, I am of the considered opinion that, at this stage, making any comments upon the submissions of the learned counsel for the petitioners would prejudice the mind of the decision making authority to whom the matter has been referred.
In the circumstances, without adverting to the merits of the submission of the learned counsel for the petitioners but at the same time taking into consideration and account the undisputed fact that the worker has infact died on account of falling of
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chips and on that ground the authority has stated that adequate precautions were not taken by the petitioners, I find no reason to interfere with the impugned order at this stage.
It goes without saying that the authority, while initiating proceedings for prosecution of the petitioners, would give them due opportunity of hearing, including personal hearing, as well as full opportunity to defend themselves and demonstrate that they have not committed any illegality under the Act.
With the aforesaid observation, the petition filed by the petitioners stands dismissed.
( R. S. JHA )
J U D G E
mms/-
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