R VIDYADHAR Vs. NATIONAL TEXTILE CORPORATION

JUDGEMENT

(1.) An important question of law of general importance, whether a Chief Welfare Officer appointed by an occupier of a factory at a time when the number of workers in such factory exceeded 2000 can be reverted to the post of Welfare Officer when the number of workers in the factory is reduced to 2000 or below, or, whether despite such decrease in the number of workers his official status as Chief Welfare Officer and the scale of pay attached to that post should be protected, arises for decision in this writ petition.

(2.) The facts leading to the filing of the writ petition be stated briefly as under: the petitioner was appointed as Departmental Investigator on 11-2-1970 in the erstwhile Azam Jahi Mills, Warangal which company at that time was functioning as a private company. The said mill was nationalised in October, 1974 and thus it came under the control of the first respondent-the National Textile Corporation. The petitioner was appointed as Labour Welfare Officer on 26-12-1982 with the concurrence of Director of Factories. Subsequently, the petitioner was appointed as Chief Labour Welfare Officer on 22-10-1985 and he was working as such in the Azam Jahi mills. When the matter stood thus, the management transferred the petitioner from Azam Jahi mills, Warangal to Nataraja Mills, Warangal by its proceedings dated 26-4-1988. The petitioner, being aggrieved by the said action filed W.P. No. 7357/88 in this Court. This Court suspended the transfer order and subsequently the interim suspension was made absolute. Finally the writ petition was disposed of on 24-4-1992 holding that the petitioner is entitled for the scale of pay prescribed under Rule 76-B(4) (a) of Andhra Pradesh Factories Rules, 1950, for short 'the Rules'. The transfer order dated 26-4-1988 was not quashed. However, the petitioner was permitted to function as Chief Welfare Officer in Azam Jahi Mills even after the disposal of the writ petition. The management, without implementing the direction issued by this Court in W.P. No. 7357 of 1988, again issued the proceedings on 10-6-1992 transferring the petitioner from Azam Jahi mills to Adoni Cotton Mills, Adoni in Kurnool district as Labour Welfare Officer, not as Chief Labour Welfare Officer. Hence this writ petition assailing the validity of the transfer order dated 10-6-1992. The petitioner filed W.P.M.P. No. 9013 of 1992 seeking a direction to (he first and the second respondents to continue him as Chief Labour Welfare Officer, Azam Jahi mills, Warangal pending disposal of the writ petition. The learned single Judgedid not grant that interim relief but by his order dated 17-6-1992 he directed that "status quo as on mat day shall be continued till further orders." The petitioner filed W.A. No. 608 of 1992 against that interim order. The Division Bench by its order dated 14-7-1992 disposed of the appeal with the following observations:

(3.) It is stated by the learned Counsel for the petitioner that the petitioner accordingly reported for duty at Adoni Cotton Mills, Adoni and he is presently serving there.