CHENNAI: The Madras High Court has set aside the orders of the trial court and a lower appellate court acquitting a DMK MLA in a case on the death of an employee at his stone crusher facility in Karur, and ordered re-hearing of the matter.
The orders were passed by Justice P Velmurugan while allowing the revision petitions filed by Deputy Director-II, Industrial Safety and Health Department, Tiruchy against the 2017 order of the judicial magistrate court and the 2019 order of the additional sessions court (both in Karur), acquitting M Palaniyandi, representing Srirangam Constituency.
The trial court had said that the respondent company does not fall under the factory definition as per the provisions of Factories Act, 1948. On appeal, the additional sessions court had confirmed the acquittal because the complainant was not examined and his sworn statement was not recorded.
Meanwhile, Justice P Velmurugan, in the recent order, noted that the employee M Balasubramaniam had died during his work due to lack of adequate safety measures.
“This court finds that there is perversity in appreciation of evidence and legal provisions by both the trial court and the lower appellate court,” he said. The judge remitted the matter back to the additional sessions court and directed it to re-hear the matter.