VISHNU SUGAR MILLS LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the writ applications except Civil Writ Jurisdiction Case No. 3017 of 1988 have been filed for quashing Sub-rules (2) and (5) of Rule 6 of the Bihar Factories Welfare Officers' Rules, 1952 (hereinafter referred to as rules), as substituted by Government notification bearing S.O. 119, dated April 27, 1994 contained in Annexure 1, whereas in Civil Writ Jurisdiction Case No. 3017 of 1988 prayer has been made for quashing that portion of Government notification, dated May 20, 1985, contained in Annexure 1, whereby the revised scale of pay prescribed under Sub-rule (1) of Rule 6 of the Rules has been made effective from April 21, 1981.

(2.) The short facts are that the petitioners in these writ applications are different Sugar Mills within the State of Bihar employing Welfare Officers as required under Section 49(1) of the Factories Act, 1948 (hereinafter referred to as Act), 1948. Under Section 49(2) of the Act the concerned State Government is required to prescribe the duties, qualifications and conditions of service of Welfare Officers employed under Sub-section (1) of Section 48 of the Act. Under Section 112 of the Act the concerned State Government is empowered to make rules providing for any matter to give effect to the purpose of the Act. Under Section 115 of the Act every rule made under the Act, which is required to be published in the Official Gazette, is required to be laid before the State Legislature. Purporting to Act under Section 49(2) read with Section 112 of the Act, the Bihar Government framed the Rules in the year 1952, Rule 6 whereof prescribed grades and scales of pay together with dearness and other allowances payable to Welfare Officers, which rule was amended from, time to time. By notification, dated May 20, 1985, issued by the State Government, contained in Annexure 1 to Civil Writ Jurisdiction Case No. 3017 of 1988. Rule 6 of the Rules was substituted prescribing revised scale of pay of Welfare Officers making the same effective from retrospective date, that is, April 21, 1981. The substituted Rule 6 of the Rules reads thus:

(3.) Thereafter by another notification, dated April 27, 1994, issued by the Bihar Government, further amendments were made in Rule 6 of the Rules and thereby the existing Rule 6 was substituted. Under the substituted Sub-rule (1) of Rule 6 of the Rules pay-scale was revised and under Sub-rule (2) the same was made effective from a retrospective date, that is January 1, 1986. Under Sub-rule (5) dearness allowance (hereinafter referred to as DA) admissible to the State Government servants employed in such scales from time to time for the first time adopted for Welfare Officers. The substituted Rule 6 of the Rules reads thus: