COCHIN SHIPYARD LTD Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) Validity of Rule 5 of the Kerala Factories (Welfare Officers) Rules, 1957 (hereinafter referred to as the Rules) is under challenge. Contention is that the same is beyond the rule making power of the State and hence 'ultra vires'. The petitioner also seeks to set aside the incidental steps taken alleging violation of the relevant rules with regard to the appointment of Welfare Officers in the petitioner Company and the steps proposed to have prosecution proceedings

(2.) The petitioner is a Government Company owned by the Central Government, coming within the purview of S. 617 of the Indian Companies Act, 1956. It is a 'Factory' as well, as defined under the Factories Act employing nearly 2300 workers. By virtue of the mandate under S. 49 of the Factories Act, every Factory wherein five hundred or more workers are ordinarily employed, the Occupier shall employ in the Factory such number of Welfare Officers as may be prescribed. Sub-s.(2) of S. 49 says that the State Government may prescribe the Duties, Qualifications and Conditions of service of the officers employed under sub-s.(1).

(3.) By virtue of the powers conferred on the State, under Ss. 49, 50 and 112 of the Factories Act, the Government of Kerala has formulated the Kerala Factories (Welfare Officers) Rules, 1957, prescribing the number of Welfare Officers to be appointed as given under R.3. Rr.4, 6 and 7 deal with Qualifications for appointment, Conditions of service and Duties; while R.5 pertains to the Recruitment of Welfare Officers. As per Rule 5, the post of a Welfare Officer shall be advertised in any two prominent News Papers of the State and the selection shall be made from among the candidates applying for the post, by a Committee appointed by the occupier of the Factory, followed by appointments to be notified by the occupier to the Chief Inspector of Factories giving full details of the qualification, age, pay, previous experience and other relevant particulars of the officer appointed and the terms and conditions of his service.