Madras HC sets aside DMK MLA Palaniyandi’s acquittal in staffer's death, orders re-hearing

CHENNAI: The Madras High Court set aside an order acquitting DMK MLA M Palaniyandi of the death of one of his employees and directed a re-hearing of the case, citing perversity in the appreciation of evidence and legal provisions of lower courts.

Justice P Velmurugan held that the recorded statements of the employees of the stone crushing factory run by Palaniyandi clearly shows that the victim died during the course of his employment due to improper safety measures.

The judge directed the appellate court--additional sessions court, Karur-- to re-hear the matter and reverse the findings of the trial court, keeping in mind the views and observations expressed by this court. The judge allowed the revision petition moved by the Industrial Safety and Health department.

M Balasubramanian, the deceased victim, was employed in the stone crushing factory run by Srirangam MLA Palaniyandi. On September 6, 2016, Balasubramanian fell into the tail-end pulley of the conveyor and his right hand got caught between the conveyor belt and roller drum, resulting in his death on the spot.

The Industrial Safety and Health department carried out an inspection of the factory and found violation of safety measures stipulated under the Factories Act, 1948, and the Tamil Nadu Factories Rules, 1950, which caused the death.

Subsequently, cases were booked against Palaniyandi under several sections of the Factories Act, 1948, and the Tamil Nadu Factories Rule, 1950.

After hearing the case, on December 26, 2017, the chief judicial magistrate, Karur, acquitted Palaniyandi of all the offences. The order was upheld by the appellate court.

The State then moved a revision petition to set aside the acquittal orders by lower courts. Observing that the accused neither proved his innocence that he followed mandatory safety provisions nor responded to a show cause notice, the HC set aside the acquittal orders.