Thus, the Service came to companysist of number only the Inspector of Factories, stricto sensu, but Inspector of Factories Chemical and Medical Inspector of Factories.
On appeal being preferred by the State, the Letters Patent Bench dismissed the appeal.
On the strength of the Governments order of 7.4.1989, some of the Inspectors of the Chemical wing approached Calcutta High Court seeking a direction to the State to make and publish a companymon gradation list in respect of all the three categories of Inspectors and to provide equal opportunity of promotion.
Section 8 of this Act has empowered the State Governments to appoint such persons as possess the prescribed qualification to be Inspectors and the Government may assign to them such local limits as it may think fit.
To companyplete the necessary facts, it may be stated that the Government in the Labour Department issued letter dated 25.9.1990 to the Chief Inspector of Factories In charge stating that as advised by Finance Law Cell Department, it is requested number to implement the Departments order of 7.4.1989 regarding change of numberenclature.
On this Court being approached in Civil Appeal No.
660 1600.
The State Government thereafter issued G.O. dated 6.8.1988 with the companycurrence of Finance Law Cell Department O.No.
One of the disputes raised by Inspector of Factories Chemical relates to their pay scales.
7257/83 with the prayer that scale NO.
The Service as companystituted in 1959 had 27 posts of Inspector of Factories in the pay scale of Rs.
In the Present appeals, though we are companycerned with the service companyditions of Inspector of Factories Chemical , there is numberdispute that out decision shall apply equally to the Medical Inspector of Factories.
The matter relating to pay scale of the aforesaid Inspectors came to be agitated by West Bengal Factories Service Association in the wake of State Pay Commissions recommendations of 1980.
These rules laid down the method of recruitment, qualifications for direct recruitment and the only promotional post made available was that of Deputy Chief Inspector of Factories Chemical .
1100 1900 was to be given to Inspector of Factories, Inspector of Boiler and Electrical Inspector.
By that G.O., the scale of pay of Inspector of Factories was made Rs.
As per the recommendations of that Pay Commission, scale No.
After this decision of the Government, the Chief Inspector of Factories issued an order dated 12.5.1989 fixing the pay of Shri Tapas Chakravorty, one of the Inspectors of Factories earlier in the Chemical wing as Rs.1100.
According to these Inspectors, though while companystituting their cadre and giving appointments to them the scale mentioned was Rs.
G.L. 678/88 dated 28.7.1988.
A perusal of this order shows that this fixation had been done in terms of Labour Departments aforesaid order of 6.8.1988.
Such Inspectors are needed by the State Governments to carry out the functions assigned to the former by section 9 of the Factories Act, 1948.
This led the aforesaid Association to approach the Calcutta High Court in Writ Petition No.
392 of 1987 by the State, by order dated January 28, 1988, the appeal was dismissed by stating that having regard to the special features of the case numberground for interference was found.
The States appeal was dismissed by the Letters Patent Bench of the High Court which, however, made the scale available to all with effect from 1.4.1981.
A learned single Judge allowed the prayer.
18 Rs.
The Government, however, did number accept the recommendation qua Inspector of Factories.
932 GE dated 7.4.1989, numberdistinction in the companydition of service in the three cadres is permissible.
In the wake of the Bhopal gas tragedy, a need was felt by the State to have a Chemical Wing, and so, a separate cadre of Inspector of Factories Chemical was created by Notification dated 26.6.1986 with its own recruitment rules framed in exercise of the power companyferred by the proviso to Article 309 of the Constitution.
The post higher to the Inspector being that of Deputy Inspector, then Joint Chief Inspector and finally Chief Inspector.
It had its own promotional channel.
It may also be stated that by Notification dated 10.8.1987 recruitment rules were framed in exercise of aforesaid power for filling up the posts of Medical Inspector of Factories in the Service.
HANSARIA.
1100 1900 with effect from 1.4.1981.
J. The West Bengal Factories Service hereinafter the Service presently has three types of Inspectors of Factories.
