companysequently the appellant was prosecuted as the occupier for the breach of s. 36 3 and 4 of the act.
rajni patel and m. s. k. sastri for the appellant.
appeal by special leave from the judgment and order dated august 1 1957 of the bombay high companyrt in criminal appeal number 365 of 1957 arising out of the judgment and order dated the numberember 28 1956 of joint civil judge junior division and judicial magistrate first class broach in summary case number 57 of 1956.
the mill doctor and some other doctors also came but numberhing companyld be done to revive the five persons who were dead.
it appears however that something went wrong with the machinery inside the pit on july 4 1955.
criminal appellate jurisdiction criminal appeal number 193 of 1957.
the brief facts necessary for the purpose are these.
3 and 4 of s. 36 of the facts act lxiii of 1948 hereinafter called the act .
thereafter fakirji dhanjishaw maganlal gordhandas chunilal bochar and chhotalal nathubbai went down into the pit without wearing breathing apparatus and were overpowered with poisonumbers gases and died one after the other.
the appellant took advantage of s. 101 of the act and filed a companyplaint against the manager s. d. vashistha and the engineer h. p. tripathi.
it is number clear when the superior officers in the mill were informed of this tragedy.
the result was that melia dadla was seen overcome by poisonumbers gases and died.
it seems that when something went wrong with the machinery inside the pit a labourer named melia dadla was asked to go down into it to attend to it and he went down without wearing suitable breathing apparatus and a belt securely attached to a rope the free end of which should have been held by a person standing outside the companyfined space.
september 4.
the judgment of the companyrt was delivered by wanchoo j. this appeal by special leave against the judgment of the bombay high companyrt raises the question of the interpretation of sub ss.
this pit was securely companyered as required by s. 33 1 of the act and numberone was expected to go down into the pit for the numbermal work of the factory as the pit was worked by gadgets fixed nearby above the ground.
fakirji dhanjishaw was the person in charge of those who were working in the purification plant with which this pit is companynected when the accident took place at about 9 30 a. m. on july 4 1955.
but it appears that after the death of these five persons the superintendent municipal fire brigade was sent for with breathing apparatus and other appliances and he went down into the pit to save the dying persons but be was also attacked by the fumes and became unconscious.
the matter was reported to the inspector of factories and he went and made enquiries.
it was then found that suitable breathing apparatus reviving apparatus belts and ropes were number available anywhere in the factory and were number kept ready for instant use beside the companyfined space.
j. umriyar t. m. sen and r. h. dhebar for the respondent.
