Mohan Mitra, J. - (1.) This is an appeal against the judgment and order, dated July 20, 1993 passed by the learned trial Judge allowing the writ application filed by the writ petitioners/opposite parties. The writ petition was filed by the writ petitioners who were appointed as Inspectors of Factories in the Chemical and Medical Wings of the Factories' Directorate, Government of West Bengal.
(2.) The question that is involved in this appeal is whether the writ petitioners/opposite parties should be treated differently from that of other categories of employees who were appointed as Inspectors of Factories or in other words whether the Inspectors of Factories who were posted in the Chemical and Medical Wings hold different posts and fall beyond the cadre of Inspector of Factories. Initially appointment in the post of Inspector of Factories was made by the relevant recruitment rules. Subsequently, for the purpose of appointing Inspectors in the Chemical and Medical Wings separate set of recruitment rules were made. Similarly. for the purpose of recruitment in the post of Deputy Inspector of Factories (Chemical) separate recruitment rules were made The writ petitioners/opposite parties made a representation to the Government that the Inspectors of Factories form one class and come within the one cadre and there is no basis for a classification between the Inspectors of Factories who were appointed under Section 8(1) of the Factories Act and the writ petitioners/opposite parties who were also appointed as Inspectors of Factories (Chemical) and (Medical) wings under Section 8(1) of the said Act. As they were differently treated and as the Inspectors of Factories who were in the Medical and Chemical Wings were not considered for promotion in the hierarchy of the department they were aggrieved and made representation to wipe out the said anomaly and thus on the basis of such representation it appears that an order was passed on April 7, 1989 by the Joint Secretary of the Labour Department for the purpose of change of nomenclature of Inspectors of Factories (Chemical) and Inspectors of Factories (Medical) as also the Deputy Chief Inspectors of Factories (Chemical) the said order was passed as hereunder: 1. "I am directed to say that the question of change of nomenclature of the Inspector of Factories (Chemical), Medical Inspector of Factories and Dy. Chief Inspector of Factories (Chemical) under the Directorate of Factories, Government of West Bengal has been under consideration for some time past. 2. The different cell of the Factories Directorate have been manned by the Inspectors mentioned in para 1 above. It has since been seen that the West Bengal Factories Rules (Rule 13) does not provide for indicate different types of Inspectors of Factories. It only stipulates the powers by using the word 'Inspector'. All these posts should have therefore, the nomenclature specified in the rules, i.e., 'Inspectors of Factories' and Dy. Chief Inspector of Factories. 3. Now in exercise of the powers conferred by the proviso to Section 8 of the Factories Act, 1948 and Rule 15 of the West Bengal Factories Rules, 1953, I am directed by the order of the Governor, to say that the Governor has been pleased to change the nomenclature of the Inspector of Factories (Chemical) and (Medical) Inspector of Factories as 'Inspector of Factories' and that of the Deputy Chief Inspector of Factories (Chemical) as "Deputy Chief Inspector of Factories."
(3.) It also appears that after a year the said order was sought to be made ineffective by the office order No. 1120-G.E., dated April 25, 1990 issued by the Assistant Secretary. Labour Department, addressed to the Chief Inspector of Factories-in-Charge, wherein it was stated that as advised by Finance (Law Cell) Department, the Chief Inspector of Factories was requested not to implement the department order No. 932-G.E., dated April, 7, 1980 regarding change of nomenclature of Medical Inspector of Factories, Inspector of Factories (Chemical) and Deputy Chief Inspector of Factories (Chemical) until further orders. The said letter of the Assistant Secretary, dated April 25, 1990, created a trouble in this matter and ultimately a writ application was filed whereupon the learned trial Judge on consideration of the matter and in view of the provisions of Section 8 of the Factories Act was pleased to hold that there is no basis for treating the Inspector of Factories (Chemical) and Medical Inspector of Factories differently from that of Inspector of Factories in view of the fact that Section 8(1) of the Factories Act empowers the State Government to appoint such persons as possessing the prescribed qualification to be Inspectors for the purposes of the said Act and assign to them such local limits as it may think fit. Accordingly, the learned trial Judge held that there should be a common cadre in respect of all Inspectors of Factories irrespective of the fact that one is under medical wing or under chemical wing.;