MD. ASHFAQUE ALAM Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed this writ petition for a direction to the Chief Inspector of factories to fix the salary of the petitioner as per notification dated 04th July, 2006 issued by the State Government under Section 115 of the Factory Act whereby the wage scale as provided under Rule 6 of the Factory Welfare Officers Rule, 1952 (for short 'the Rule') were revised. He has further prayed for a direction to the Chief Inspector of factories to get the wage paid by the sugar factory in accordance with calculation made under the aforesaid notification.

(2.) The notification dated 4th July, 2006 as contained in Annexure-2 to the writ petition was made effective from 01.01.1996 but the financial benefit was made applicable with effect from 01.04.1999. By the said notification, the Labour Welfare Officer has been made entitled to dearness allowance at par with Government employees proportionately to the same rank/same wage scale of the State Government.

(3.) The contention of the petitioner is that he was appointed as Factory Welfare Officer on 28.12.2005 in Grade-II in the respondent Sasa Musa Sugar Works Ltd. He joined on the said post on 1st of January, 2006. He retired while working on the said post on 30th July, 2010. In view of 2006 notification, he became entitled to new scale of pay and corresponding to dearness allowance with effect from the due date.