- (1.) PETITIONER 1 has a factory in which it employs a large number of workers. Under the Uttar Pradesh Factories Welfare Officers Rules, the occupier of every factory wherein 500 or more workers are ordinarily employed is obliged to appoint a welfare officer. A welfare officer belongs to one of three grades-grade I where the factory ordinarily employs 2,500 or more workmen per day; grade II where the factory ordinarily employs from 1,000 to 2,499 workmen per day and grade III, where the factory ordinarily employs from 500 to 999 workmen per day. The petitioner appointed respondent 3, B. F. Singh, as welfare officers, and he was assigned grade III on the footing that the factory did not employ more than 999 workers per day. The Bald respondent subsequently represented that as the daily labour force ordinarily employed by the petitioner in Its factory had risen above 1,000, he was entitled to be placed In grade II. The Inspector of Factories visited the factory and, It appears, after examining Its records, came to the conclusion that the strength of the labour force had increased above 1,000 from December 1958, and accordingly by his inspection note dated 17 February 1959, he pointed out that the grade of respondent 3 was liable to be revised. In this behalf, the Inspector of Factories wrote on 21 March 1959 to the petitioner enquiring whether the grade of respondent 3 had been revised. On 10 April 1959, the petitioner replied to the Inspector of Factories, asserting that the strength of the labour force was below 1,000 and that, therefore, no question of revision of the grade of the labour welfare officer arose. It specifically pointed out that the list of workers taken by the Inspector of Factories during his last inspection included the contractor's labour and temporary workers and these should not have been included while determining the strength of the labour force for the purpose of determining the grade to which respondent 3 was entitled. The petitioner says that no reply was received to its letter, but that subsequently on 14 April 1960, the State Government made an order under Rule 6 of the Uttar Pradesh Factories Welfare Officers Rules, 1955, revising the grade of respondent 3 from grade III to grade II with effect from 1 December 1958. The validity of this order has been impugned by the instant writ petition.
(2.) THREE grounds have been taken by the petitioners. It is said that the State Government did not afford an opportunity to the petitioners to be heard in the matter before making an order revising the grade of respondent 3 from grade III to grade II. It is also said that out of the 1,037 worker alleged to be the workers of the factory 124 fell outside the ambit of Rule 6. Finally, it is alleged that the impugned order is illegal and without jurisdiction.
(3.) THE impugned order was made by the State Government under Rule 6, which reads : Notwithstanding anything contained in Rule 3 (which requires the occupier of every factory employing 500 or more workers to appoint a welfare officer), the grade of a welfare officer may be revised and his pay refixed in the appropriate grade by the State Government, whenever there is such increase or decrease in the number of workers of the factory as to justify a revision of the grade.;