The Madras High Court has quashed the complaints filed by the Inspector of Factories against certain railway establishments for alleged violation of the Factories Act and the Tamil Nadu Factory Rules.
The prosecution case was that the Deputy Chief Inspector of Factories conducted an inspection at the Engineering Workshop, Southern Railways, Arakkonam, and noticed certain contraventions of the Act and rules.
A certificate for the stability of the building had not been obtained, convex mirror had not been fixed in blind corners, safety committee had not been constituted and there was no crèche.
A show cause notice was issued. Later, a complaint was filed by the Inspector of Factories, First Circle, Vellore.
The Deputy Chief Engineer/Occupier of the Engineering Workshop filed a petition before the High Court stating that all the requirements had been satisfied. The counsel submitted the complaint was totally vexatious without application of mind to the explanation given by the petitioner along with relevant records.
The Additional Public Prosecutor said an explanation had been submitted after filing of the criminal complaint and that could not be considered to exonerate the petitioners. Another explanation was not proper.
Justice T.S. Sivagnanam said the petitioner had submitted his explanations showing cause in respect of the allegations in the notice. In such circumstances, the complainant could not ignore the reply to the notice and proceed to lodge the complaint, as if he had not received any response.
He held that the complaint was vitiated on account of total non-application of mind.
He also dismissed the criminal complaints filed against the Locomotive Workshop, Perambur, for alleged violation of the Act and the rules.
