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Supreme Court of India 2016-05-04 partly_allowed

Hemant Madhusudan Nerurkar vs State of Jharkhand & Anr

Bench: 2 — Jagdish Singh Khehar

In Brief

A factory owner (occupier) and its manager were charged under the Factories Act, 1948 for multiple violations including failing to provide overtime slips to contract workers and leave books in prescribed forms, as well as canteen hygiene deficiencies. The Supreme Court held that both officials bear strict joint liability for contraventions regardless of mens rea or who actually committed the breach—this applies to all persons with ultimate control over factory operations to ensure worker safety. Although the appellants remedied the defects during appeal, this did not negate the original violation. Instead of a trial, the Court imposed a Rs. 50,000 penalty on each appellant in the interest of justice.

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Labour Law Factories Act Criminal Procedure Strict Liability Worker Safety and Welfare Occupier Liability

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