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From India, Bhubaneswar
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File Type: doc RESUME 1.doc (39.5 KB, 82 views)

Shri Kogata,
It was interesting to know about the Jharkhand High Court Judgment, disallowing the interference of the Police; in an Accident Inquiry, which normally would fall under the purview of the Factories act 1948, a special Act enacted to regulate Safety and Welfare of Labour in factories. I would be thankful to you if you could mail me the full text of the said Judgement,
Regards,
RDKichambare.

From India, Pune
Dear sir, I am in need of the below mentioned judgement if available please regards M.Mohamad Abubakkar Manager-Training Mepco
From India, Madras
Thank you Mr. KM Kogata given for good information please mail me the full text of judgement and you have any supreme court judgments in this same case share me to my mail ID:
Regards,
Rajamannar.

From India, Secunderabad
Please find the attachment. Madhu.T.K
From India, Kannur
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File Type: pdf Prosecution under Factories Act and IPC.PDF (126.2 KB, 179 views)

Though the factory inspector has the power to prosecute for the offences under the Factories Act, he has no power to conduct inquest over the body of a deceased person. If death of industrial death has occurred, the body has to be sent to mortuary of a Govt. hospital. They will accept the body only on receipt of a police memorandum. Before sending the body for postmortem, the police have to conduct inquest over the body of the deceased in the presence of the panchayatdars to find out the real cause of the death. To conduct the inquest, an FIR is must. So , the management shall give a police complaint, even to get the body removed from the factory. Even the Factory Inspector should get a post mortem certificate to file a case in the court and this is possible only when an FIR is registered, inquest held and body sent to post mortem. Of course, thereafter, we can quote the court directions, to have action only by the Factory Inspector. There are different judgements in support of single action or action by both the police and Factory Inspector. We have to prevail upon the police, to desist from taking police action, as action is already initiated by the Factory Inspector.
From India, Kumbakonam
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