DEBESH KUMAR BHATTACHARYYA Vs. RISHRA STEEL LIMITED

JUDGEMENT

(1.) The present Revisional Application is directed against an order dated 16th July, 1990, passed by the Deputy Secretary, Labour Department, an appellate authority under Rule 7(6), of the West Bengal Factories (Safety Officers) Rules 1978, dismissing the appeal preferred by the revisional petitioner against the termination of his service. The petitioner claims to be a Safety Officer of J. K. Synthetics Limited, Rishra, and was appointed as such with effect from February 5th, 1991, the petitioner possessed the requisite training certificate ; on or about 26th May, 1984, the petitioner's services were terminated and such termination is the subject-matter of challenge being violative of the provisions of the West Bengal Factories (Safety) Officers Rules 1978. The petitioner challenged the said order of termination in appeal, which stood dismissed by the order dated 6th October, 1986, against which the petitioner preferred an appeal to the State Government under provisions of sub-Rule (6) of the Rule (7) of the aforesaid Rules, which ultimately stood dismissed by the impugned order dated 16th July, 1990.

(2.) In the present Revisional Application, Mr. Guha and Mr. Ganguly, appearing for the contesting parties, have endeavored to construe Section 40B of the Factories Act in support of the cases of their respective clients relating to the applicability of the provisions of West Bengal Factories (Safety) Officers Rules 1978. Mr. Guha has contended that the petitioner being a Safety Officer within the meaning of Rule 3(b), of the said Rules, his termination, without compliance with requirements of different provisions of the said rules, is illegal and invalid. Mr. Gangully, on the other hand has contended that the petitioner, though designated as a Safety Offcer, was not a Safety Officer within the meaning of the said Clause and as such the termination of his service did not require compliance with the provisions of the Rules.

(3.) Rule 3(b), defines a Safety Officer as one appointed under Section 40B, of the Act. Section 40B of the Factories Act imposes an obligation on the occupier to employ Safety Officers under certain circumstances. Section 40B runs as follows :