Case Note & Summary
The petitioner, Bhagwan Mahaveer Jain Hospital (a unit of Bhagwan Mahaveer Memorial Jain Trust), filed a writ petition under Articles 226 and 227 of the Constitution read with Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the proceedings in CC No.24735/14 on the file of the 8th Additional Chief Metropolitan Magistrate, Bengaluru. The proceedings were initiated by the Assistant Director of Factories (respondent No.1) against the petitioner as accused No.1, along with two other accused (respondents No.2 and 3, the construction companies), for alleged contravention of Rule 57 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Karnataka Rules, 2006. The rule requires provision of safety equipment to construction workers. The petitioner contended that it was the owner of the hospital and had entrusted the construction work to independent contractors (respondents No.2 and 3), and therefore, the duty under Rule 57 lay on the contractors, not on the owner. The court examined the definition of 'employer' under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the relevant rules. It held that Rule 57 imposes the obligation on the 'employer' who engages the construction workers, which in this case were the contractors. The owner of the establishment cannot be held vicariously liable for the contractor's failure to provide safety equipment. Consequently, the court allowed the petition and quashed the proceedings against the petitioner.
Headnote
A) Building and Other Construction Workers Act - Liability of Owner - Rule 57 of BOCW Karnataka Rules, 2006 - The question was whether the owner of a hospital (petitioner) could be prosecuted for violation of Rule 57 requiring provision of safety equipment to construction workers, when the construction work was carried out by independent contractors. The court held that Rule 57 imposes the duty on the 'employer' as defined under the Act, which refers to the building owner only in certain contexts, but the specific rule casts obligation on the contractor or employer who engages workers. The owner of the establishment is not vicariously liable for the contractor's failure. (Paras 1-6) B) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - The court allowed the petition under Section 482 CrPC read with Articles 226 and 227 of the Constitution, quashing the proceedings against the petitioner (Accused No.1) in CC No.24735/14 pending before the 8th Additional CMM, Bengaluru, as the complaint did not disclose any offence against the petitioner. (Para 6)
Issue of Consideration
Whether the owner of an establishment is liable for prosecution for contravention of Rule 57 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Karnataka Rules, 2006?
Final Decision
The court allowed the writ petition and quashed the proceedings in CC No.24735/14 pending before the 8th Additional CMM, Bengaluru, insofar as it relates to the petitioner (accused No.1).
Law Points
- Liability under BOCW Act and Rules
- vicarious liability
- interpretation of 'employer'
- quashing of criminal proceedings under Section 482 CrPC
