Hello friends, Many times accidents that happen during work raise questions about who is responsible for this the carelessness of the workers, the ignorance of the employers or the compulsion of circumstances? One such case came up in the Supreme Court, where two workers died due to electric shock, and serious allegations were made against their employers. But recently, the Supreme Court gave relief to the employers in this case and dismissed the charges against them. Let us know the whole matter in detail.
What was the matter?
The incident happened when two workers were decorating the signboard of a shop. This signboard was about 12 feet high from the ground, and for this, the workers were given an iron ladder. During work, suddenly they got an electric shock and they fell, due to which they died. After this tragic incident, the employers were accused of not providing safety facilities like helmets, safety belts and rubber shoes to the workers, due to which they lost their lives.
Case filed against employers
After this incident, the police registered an FIR against the employers under Section 304 (culpable homicide not amounting to murder) and 304A (causing death by negligence) of the Indian Penal Code (IPC). First, the trial court and then the High Court upheld these charges and said that a case could be filed against the employers.
Why did the Supreme Court give relief?
When this matter reached the Supreme Court, it was argued on behalf of the employers that they did not commit any negligence intentionally, nor did they have the intention to kill anyone. The court considered this and found that the employers had no prior knowledge of the incident, nor could they have prevented it. The bench of Justice Abhay S. Oka and Justice Ujjwal Bhuyan, while giving the verdict, said that in this case no deliberate mistake or gross negligence on the part of the employers is proved. Therefore, there is no case against them under Section 304.
What did the court say?
In the judgment, Justice Bhuyan wrote, “The death of the workers was completely an accident. In this case, there is no concrete evidence against the employers even under Section 304A, so they cannot be prosecuted under Section 304 Part II IPC.” What will be the effect of this decision? This decision will set an example for such cases in future, where the employers are directly held responsible for an accident. However, it is also true that the safety of the workers should be a priority in any case. It is important to provide them with adequate safety gear during work so that such incidents do not happen again.
Disclaimer: This article has been written for information purposes only. It would be advisable to consult a legal expert to confirm the accuracy of the legal aspects mentioned in it.
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