STATE OF GUJARAT vs JETHALAL CHELABHAI PATEL

The Supreme Court held that under Section 21(1)(iv)(c) and Section 92 of the Factories Act, 1948, the manager of a factory is responsible for ensuring that dangerous machinery is securely fenced. The Court clarified that the mere removal of the safeguard by someone else does not absolve the manager of liability; it is incumbent upon the manager to prove that he exercised due diligence to maintain the safety measures. The acquittal of the respondent by the lower courts was overturned, establishing that the manager cannot evade responsibility simply because he did not personally remove the guard.