smitha 24 February 2018

Factory employee (contact) death employer harged 304

In my factory a labourer hired on contract accidentaly died falling in a treatment tank while cleaning. He was hired on contract and wentbto work without my knowledge or presence. Along with him one more labourer was injured but he is out of danger n he said they were drunk.Now people in factory premises complained factory is not safe n police charged IPC 304 on me. All license n pollution board papers are correct.I want to know if in such cases IPC 304 is chargeable? if so how long will it take to get anticipatory bail, Also Factory and boilers association told they will file a case as thts the procedure at time of accidental death and at that time the other case by police of IPC 304 will not be valid.As two cases cannot be charged on this at a time. is that true?

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3 Replies

Deepak K Sharma (Service) 28 February 2018

Was there any agreement between you and Contractor, if yes then did you include the clause indemnify Contractor to take all necessary precautions required to fulfill the contract and he should be sole responsible for any losses/ accidents.

The further action will depands upon the agreement you had with contractor and also the FIR should have name of contractor as well.

smitha 08 March 2018

Yeah there was written contract. Though not so detailed as they are local poor labourers who around cleaning wells and tanks. not any proper company contracters. But the injured party who had taken contract has said in his statement they were drunk while doing the wrk and even though employer told do only in his presence they went and did wrk on a sunday (non working day) and this mishap happened.