SWAPAN KUMAR CHOUDHARY Vs. TAPAS CHAKRAVORTY

JUDGEMENT

(1.) The West Bengal Factories Service (hereinafter 'the Service') presently has three types of Inspectors of Factories. 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. Section 8 of this Act has empowered the State Governments to appoint such persons who possess the prescribed qualification to be Inspectors and the Government may assign to them such local limits as it may think fit.

(2.) The Service as constituted in 1959 had 27 posts of Inspectors of Factories in the pay scale of Rs. 660-1600. It has its own promotional channel. The post higher to the Inspector being that of Deputy Inspector, then Joint Chief Inspector and finally Chief Inspector.

(3.) The matter relating to pay scale of the aforesaid Inspectors came to be agitated by West Bengal Factories Services Association in the wake of State Pay Commission's recommendations of 1980. As per the recommendation of that Pay Commission, scale No. 18 (Rs. 1100-1900) was to be given to Inspector of Factories, Inspector of Boiler and Electrical Inspector. The Government, however, did not accept the recommendation qua Inspector of Factories. This led the aforesaid Association to approach the Calcutta High Court in Writ Petition No. 7257/83 with the prayer that scale No. 18 should be made available to Inspector of Factories also. A learned single Judge allowed the prayer making the scale effective from 1972 for some and 1975 for others. The State's 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. On this Court being approached in Civil Appeal 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 no ground for interference was found. The State Government thereafter issued G. O. dated 6-8-1988 with the concurrence of Finance (Law Cell) Department U. O. No. G. L. 678/88 dated 28-7-1988. By that G. O., the scale of pay of Inspector of Factories was made Rs. 1100-1900 with effect from 1-4-1981.