Sarkar, J. - (1.) On September 25, 1947, the appellant was appointed by respondent No. 2, the Tata Iron and Steel Co. Ltd., (hereafter called the Company) as the Chief Labour Officer of its collieries of which it appears to have a few, and he worked under the Company till the latter terminated his services by a notice dated December 5, 1955. On such discharge, the appellant, claiming to be a Welfare Officer of a mine within R. 74 (2) of the Mines Rules, 1955, which rule we shall later set out, filed an appeal before respondent No. 1, the Chief Inspector of Mines in India, under that rule questioning the validity of his discharge by the Company. The Chief Inspector held that the appellant was not a Welfare Officer within that rule and refused to entertain his appeal.
(2.) The appellant then moved the High Court at Patna under Art. 226 of the Constitution for an appropriate writ directing the Chief Inspector to decide the appeal. The High Court dismissed the appellant's petition agreeing substantially with the view taken by the Chief Inspector. The appellant has now appealed to this Court against the judgment of the High Court.
(3.) The Mines Rules, 1955 were framed under the Mines Act, 1952, and came into force on July 2, 1955. We are principally concerned with the proviso to R. 74 (2) but this has to be read with R. 72. The relevant portions of these rules are set out below:- Rule 72. (1) In every mine wherein 500 or more persons are ordinarily employed there shall be appointed at least one Welfare Officer:- Provided that if the number of persons ordinarily employed exceeds 2000, there shall be appointed additional Welfare Officers on a scale of one for every 2000 persons or fractions thereof. (2) No person shall act as a Welfare Officer of a mine unless he possesses- Provided that in case of a person already in service as a Welfare Officer in a mine the above qualifications may, with the approval of the Chief Inspector be relaxed. (3) ********** (4) A written notice of every such appointment. . . . . . . . and of the date thereof shall be sent by the owner, agent or manager to the Chief Inspector within 7 days from the date of such appointment..... Rule 73. Duties of Welfare Officers: ********** Rule 74. (1). ********** (2) The conditions of service of a Welfare Officer shall be the same as of other members of the staff of corresponding status in the mine; Provided that, in the case of discharge or dismissal, the Welfare Officer, shall have a right of appeal to the Chief Inspector whose decision thereon shall be final and binding upon the owner, agent or manager of the mine as the case may be. The Chief Inspector mentioned in these Rules is the Chief Inspector of Mines in India.;