STATE OF WEST BENGAL Vs. SANTI RANJAN ROY

JUDGEMENT

(1.) This is an appeal against the judgment and order dated December 24, 1973 passed by A.K. Sen, J. in Civil Rule No. 2745 (W) of 1973 whereby the Rule was made absolute.

(2.) The learned Judge held that the rules of appointment to the statutory posts of Inspector of Shops and Establishments framed under sections 21(1) and 21(2) (e) of the Bengal Shops and Establishments Act, 1940 or under sections 25(1) and 25(2) (b) of the Shops and Establishments Act, 1963 which repealed the earlier Act do not provide for any appointment of an Inspector by transfer from other cadres of the West Bengal Subordinate Labour Service. It was held that these two posts, namely, the post of Inspector of Shops and Establishments and the post of Labour Welfare Officer did not belong to the same cadre and these were not interchangeable and any appointment of such Inspector by transfer from other cadre would be contrary to the statute and its Rules. Accordingly it was held that until the four different categories of posts classified as West Bengal Subordinate Labour Service are amalgamated into one unit as a whole they cannot be considered as a cadre by themselves and the notifications did not constitute the different categories of service into one cadre. For the above reasons, the Rule was made absolute and a Writ in the nature of Mandamus was issued directing the respondents to recall the orders of transfer and further directing them not to give effect to the same. The propriety of this decision has been challenged in this appeal filed by the State of West Bengal and its officers.

(3.) Mr. Pravat Kumar Sen Gupta, learned Government Pleader appearing for the appellants, submitted that these four services were brought into one cadre by notifications issued by the Government of West Bengal under powers conferred by Article 309 of the Constitution. He drew our attention to the notification dated December 16, 1954 whereby the West Bengal Junior Labour Service was constituted with posts designated as Labour Officer (Conciliation) and Labour Officers (Statistics). By notification dated November 14, 1969 an amendment was made to the notification of 4th November, 1959 in respect of other services and also thereby the West Bengal Subordinate Labour Service was constituted with the following posts: (1) Inspector of Shops and Establishments, (2) Inspector of Minimum Wages, (3) Inspector of Trade Unions and (4) Supervisor of Labour Welfare Centres.