Ranchi: Jharkhand High Court has said in one of its decisions that if the workers do not use safety equipment despite being provided by the company, then the management cannot be held responsible for the accident of a worker during work in the factory.
In fact, an employee was seriously injured while working in Adityapur Industrial Area of Seraikela. After which a case was filed on his behalf for compensation. A case was filed against the factory management (BMCL Metal Cast Private Limited) holding them responsible for the accident.
In this case, the Chief Judicial Magistrate (CJM) of Seraikela Civil Court had taken cognizance and directed to initiate criminal action. The factory management had approached the High Court against this. The petition filed by the company was heard in the court of High Court judge Justice Sanjay Kumar Dwivedi.
During the hearing, it was argued on behalf of the company that the court’s cognizance under Section 92 of the Factory Act 1948 was inappropriate as the company could not be held responsible for the alleged lapses in safety measures, especially when the employee himself had not used the safety equipment. It has been accepted that it has been made available.
At the same time, it was argued on behalf of the state government that the accident happened inside the factory premises, hence the factory operator should take responsibility for it.