BRIJ BIHARI TIWARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner No. 2 in WP(C) No. 4793 of 2018 has assailed the order dtd. 8/3/2022 passed by the learned Single Judge, rejecting the writ petition filed along with M/s General Engineering and Marketing Organization, for grant of competency certificate under Rule 2-A of the Jharkhand Factories Rules, 1950 (hereinafter referred to as "the Rules, 1950").

(2.) The factual background is not disputed at this stage.

(3.) Petitioner No. 1, the proprietorship firm, which engaged competent persons for the purpose of carrying out tests examination, inspection and certification under the Factories Act, 1948 and the Rules made thereunder. Earlier, the petitioner No. 1 was issued certificate of competency with respect to one Surendra Kumar Singh being a Civil engineer employed by it. After expiry of the said competency certificate on 18/1/2018, petitioner No. 1 being an institution applied before the respondent No. 3 i.e. the Chief Inspector of Factories, Govt. of Jharkhand, Ranchi for renewal of certificate of competency issued in the name of Surendera Kumar Singh as well as for grant of fresh competency certificate to petitioner No. 2 (a mechanical engineer employed by petitioner No. 1), whereupon a show cause notice was issued by respondent No. 3 vide letter dtd. 10/5/2018 to the petitioner No. 1 stating that competency certificate of petitioner No. 2 was once cancelled by the then Chief Inspector of Factories, Jharkhand and therefore, it would not be proper to reconsider his name as a competent person. The respondent No. 3 also stated in the said letter that as per the records maintained in the office of the said respondent, the petitioner No. 1 had failed to comply condition Nos. V, VI, IX, X and XII of the competency certificate, which was considered as violation of the provisions of Jharkhand Factories Rules, 1950 and hence, it was required to file reply to the show cause notice as to why the application for renewal of competency certificate should not be rejected.