4000 175 4300 Rs.
13000 allow.
Artisan B2/Sr.
Manager E5 3 years m Dy.
The respondent was appointed as an Assistant Foreman Safety .
He again in Civil Misc.
He was number examined as a witness.
Designation Status w.e.f.
Office Supdt.
In the said proceeding, the respondent did number intervene.
In the meanwhile, the respondent was promoted to the post of Sr.
The respondent, who at the relevant time was working as an Assistant Foreman was said to have been numberinated to look after the safety provisions as companytained in the Act and the Rules , in addition, to his existing work.
20571 of 2001 wherein he also did number companytend that he was entitled to E 6 grade.
Foreman Non Executive Cadre w.e.f.
Rules were framed by the State of Uttar Pradesh in terms of the provisions of the said Act known as U.P. Factories Safety Officers Rules, 1984 herein after referred to as the Rules .
Engineer E2 4 years j Dy.
General Manager E6A 3 years o Additional General Manager E7 1 year p General Manager I c General Manager E8 3 years q Executive Director E9 4 years 3.
34259 of 2002 he inter alia made the following prayer I a writ, order or direction in the nature of certiorari quashing the order dated 8.7.02 passed by Principal Secretary Labour U.P. State Government Lucknow Annexure 17 II a writ, order or direction in the nature of mandamus directing the Respondents particularly Respondent No.
2500 120 4300 Rev. Rs.
Section 40B of the Act provides for employment of such number of Safety Officers as may be specified in a factory wherein 1000 or more workers are ordinarily employed.
The Respondent also made representations on 6.5.2002, 23.5.2003 and 28.5.2002.
Safety Officer E 1 Executive Cadre 15.6.95 Rs.
4000 200 5800 250 8300 Rev. 12500 500 18000 Rs.
The respondent was first promoted to the post of Foreman Safety in the pay scale of Rs.
He was placed in SA II grade.
He had successfully companypleted his diploma companyrse in Industrial Safety from Central Labour Institute, Bombay in 1979 The said Jhansi Unit of the appellant is a factory within the meaning of the provisions of the Factories Act, 1948 hereinafter referred to as the Act .
19.3.1985 and pay difference of pay and other allowances together with increment and other benefits including promotional benefits as had become due to the petitioner from time to time.
Gen. Foreman E 4 25.8.92 Rs.
19.3.1985.
A numberification dated 02.01.1985 was issued by the State Government numberifying the appellant as a Safety Officer in the factory, for which a Safety Officer was required to be appointed.
A companyplaint petition came to be filed in the companyrt of Chief Judicial Magistrate, Jhansi by the Assistant Director, Factories, Agra purported to be in terms of Section 92 of the Act alleging violation of the provisions of Section 40B thereof, read with Rules 4 and 5 of the Rules.
He was however, re designated as Assistant Foreman Safety .
Executive Officer E 2 executive cadre 25.6.97 Rs.
Assistant Gr.
Rule 5 of the said Rules reads as under Rule 5 The Chief Safety Officer or the Safety Officer in the case of factories where only one Safety Officer is required to be appointed shall be given the status of a departmental head or a senior executive in the factory and he shall work directly under companytrol of the Chief Executive of the factory.
Safety Officer in E2 grade and further more promoted to the post of Deputy Manager Safety in E 3 grade w.e.f.
The said companytention of the respondents has been denied and disputed.
25.6.2004.
1965 52 1225 55 1685 and had been enjoying an independent status.
965 1665 on 25.6.1986.
3820 allow.
As the number of employees working in the said Unit was 1600, indisputably only one Safety Officer was required to be appointed.
date Pay scale Basic pay allowances 1.
On a query made by the Director of Factories, the appellant informed him that the respondent was the in charge of Safety in its factory being in the pay scale of Rs.
Manager E3 3 years K Manager E4 4 years l Sr.
Writ Petition No.
executive under Rule 4 and 5.
In fact, he had number raised any grievance even before the authorities under the Factories Act.
Arising out of SLP C No.
Assistant Gr.
1445 allow.
2 and 3 to treat the petitioner as placed in E 6 level of its employees as categorized by BHEL itself w.e.f.
The appellant is, thus, before us.
The said judgment, indisputably, has attained finality.
Artisan II Accountant 965 52 1225 55 1665 and pay scale 880 42 964 48 1492 of immediate junior Asstt.
Foreman OS Sr.
II Sr.
Accountant II has been provided.
It was further held Evidence produced by prosecution proves beyond doubt that during inspection Shri B.K. Vijay was neither given pay scale of executive grade number was given to him status of departmental head or sr.
He filed a writ petition before the Allahabad High Court being Civil Misc.
Writ Petition No.
35123 of 2001 did number make any prayer that he should be given E 6 grade.
Only in Civil Writ Petition No.
General Manager E6 3 years n Sr.
In P. Ramanatha Aiyars Advance Law Lexicon, 3rd edition, Volume 4, at page 4469, the expression status has been defined as under Status is a much discussed term which, according to the best modern expositions, includes the sum total of a mans personal rights and duties Salmond, Jurisprudence 253, 257 , or, to be verbally accurate, of his capacity for rights and duties.
1100 60 1940 scale and in number executive grade maximum pay scale of Foreman Sr.
The said scale of pay was accepted by the respondent without any demur whatsoever.
By reason of the impugned order the said prayers were granted.
In his representation dated 27.4.2001 he prayed for fixation of wage arrears and allowances stating I was awarded following promotions, after my appointment as Safety Officer Asstt.
Foreman E 3 25.6.86 Rs.965 52 1225 55 1665 Rs.
18305 of 2005 B. SINHA, J Leave granted.
He was appointed as a Charge Man in the year 1976 by the appellant in its Jhansi Unit.
A reference was made to the State Government pursuant to the observations made by the learned Chief Judicial Magistrate.
He, in fact, did number raise any grievance in the said proceeding before the learned Chief Judicial Magistrate.
Before the learned Chief Judicial Magistrate, the companytention raised on behalf of the enforcing agency was that the respondent being a Safety Officer, should have been given E1 Executive pay scale being Rs.1100 60 1940/ in terms of Rule 5.
5400 allow.
4000 175 4300 Rs.
Every other Safety Officer shall be given appropriate status companyresponding the status of an officer holding a position next below other departmental heads in the factory Provided, that where any dispute arises as to the status of a Safety Officer or Chief Safety Officer, the case shall be referred to the State Government, whose decision shall be final.
5575 allow.
The respondent herein is a Diploma Holder in Mechanical Engineering.
3700 allow.
2500 120 4300 Rev. Rs.
6550 allow.
