The commission, which looked into the accident that took place in January this year in the premises of M/s Jyoti Capsules, also recommended that the criminal case against the company be finalised within a month and immediate steps be taken for payment of compensation to the affected families.

``Some action should be taken against the conspicuous failure -- functional as well as supervisory -- on the part of Directorate of Factories. This will act as a deterrent against such omissions and resultant accidents in the future,'' the commission observed. The NHRC also asked the State Labour Department to look into this aspect by ordering an inquiry to fix responsibility for the lapses.

NHRC said the factory should not be allowed to resume productionuntil repair and renovation of the premises is completed ``to the satisfaction of inspecting authorities''. The spot-investigation conducted by NHRC's special rapporteur, following a complaint by a former MP, Subhasini Ali, revealed that the accident was the result of an explosion caused by a leak from a hexane container.

The commission also expressed concern over the fact that damaged factory products -- which were supposed to be destroyed -- were being shifted by the factory owners to different locations under the supervision of drug inspectors and put into use. However, after the intervention by the NHRC's investigation team, the factory owners gave an assurance that damaged products would not be used. The commission further observed that there was criminal negligence on the part of the factory establishment.