Lawstreet Journal

Supreme Court Refuses To Quash Case Against Kitex MD Sabu Jacob Over Worker's Accidental Death In Factory

Lawstreet Journal 28 Mar 2022 11:14pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court Refuses To Quash Case Against Kitex MD Sabu Jacob Over Worker's Accidental Death In Factory

The Supreme Court on Friday upheld Kerala High Court's order of refusing to quash the case registered against Kitex Garments Private Limited MD, Sabu M Jacob over accidental death of a worker at the factory.

The bench of Justices DY Chandrachud and Surya Kant dismissed the Special Leave Petition filed by Kitex MD Sabu M Jacob assailing Kerala High Court's order dated February February March 18, 2022 passed by the bench of Justice Ziyad Rahman AA.

Sabu was charged for the death of one of the workers PT Ajeesh who had died due to MD's failure of ensuring health, safety & welfare of the workers while they were at work at the factory by providing and maintaining arrangements for the same.

Aggrieved with the registration of the case, Sabu had approached Kerala High Court seeking to quash the complaint and all the proceedings thereto.

Counsel for the MD had contended that the prosecution initiated against the petitioner was unsustainable. According to him, the prosecution contemplated under Section 92 of the Factories Act was against the 'occupier' of the premises and in the absence of any specific documents indicating the same, the petitioner who was the Managing Director of the Company, could not be treated as an occupier.

It was also contended that the concept of vicarious liability cannot be attributed to the accused in a criminal prosecution and no person can be implicated in an offence on the basis of the said principle. In this case, merely because of… Continue Reading...

Tagged: Supreme Court of India  
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