17. A woman worker is asked to attend the duty in the night shift of a factory. She met with an accident while working with a machine during the night shift. Discuss.

Occupational accident

With growing industrial operations running round the clock, more women are working night shifts. But when a woman worker is injured while operating a machine during a night shift, serious legal questions arise. The employer compliant with labour laws? Was it safe? Was the accident preventable?

Let’s examine this case in four structured parts: facts, issues, principles, and judgment.

Facts of the Case

A private manufacturing company assigned a woman worker to the night shift. The factory operated 24/7 to meet high production targets. The worker, trained in basic machine operations, reported for her regular shift from 10 PM to 6 AM.

She lost her balance while operating a mechanical press, and the machine caught her hand, causing serious injury. The machine had no safety guard, and the floor was oily. She was rushed to a nearby hospital and remained out of work for two months.They rushed her to a nearby hospital, and she remained out of work for two months.

The incident raised concerns about the legality of assigning night shifts to women and the factory’s responsibility for maintaining a safe work environment.

Issues of the Case

The case raises several pressing legal and ethical questions:

  • Is it legal to assign women to night shifts in factories?
  • Was the factory compliant with safety regulations under labour laws?
  • Can the accident be classified as an occupational accident?
  • Who holds liability—the worker, the factory, or both?

We must analyze each of these issues through the lens of statutory law and workplace rights.

Principles and Relevant Legal Framework

The Factories Act, 1948 governs working hours, safety, and employment conditions in factories. Traditionally, employers did not allow women to work between 7 PM and 6 AM. However, many states now allow night shifts for women, provided the employer ensures safety and consent.

Key Legal Provisions:

  • Section 66(1)(b) of the Factories Act restricts women from working between 7 PM and 6 AM unless specifically allowed by state notification with safety measures in place.
  • Section 21 & 24 of the Act mandates that every moving part of machinery must be securely fenced and maintained. Safety devices must be in place to prevent contact accidents.
  • The Employees’ Compensation Act, 1923 provides that a worker injured in the course of employment is entitled to compensation. Since the injury occurred while she was on duty, it qualifies as an occupational accident under this Act.

Employers must ensure that work conditions do not endanger the life or health of employees. Authorities assess occupational accident claims not only by examining the injury but also by determining whether the employer maintained the workplace in a legally safe condition.

Judgment and Conclusion

In this case, the labour court held the employer liable for both allowing a woman to work during night hours without adequate safety and failing to maintain the equipment.

The court noted that although some states permit women to work night shifts, employers must fulfill additional obligations, including:

  • Safe transportation to and from the workplace.
  • Proper lighting and cleanliness at the worksite.
  • Adequate training and machine safety features.

The court ruled that the accident was indeed an occupational accident, and directed the factory to:

  • Pay compensation under the Employees’ Compensation Act.
  • Cover her medical expenses.
  • Reinstate her with full benefits after recovery.

The judgment emphasized that merely assigning duty doesn’t end the employer’s responsibility. The duty of care must extend to safety, supervision, and compliance with labour protections.

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