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1995 Supreme(SC) 685

B.L.HANSARIA, P.B.SAWANT
Swapan Kumar Choudhary – Appellant
Versus
Tapas Chakravorty – Respondent


Advocates:
AVIJIT BHATTACHERJI, D.P.GUPTA, GUDWILL INDIVER, I.K.MISHRA, R.K.GUPTA, Rajesh Agarwal, SATISH CHANDRA AGRAWAL, TAPAS RAY

( 1 ) THE West Bengal Factories Service (hereinafter the Service) presently has three types of Inspectors of Factories. Such Inspectors are needed by the State Governments to carry out the functions assigned to the former by Section 9 of the Factories Act, 1948. Section 8 of this Act has empowered the State Governments to appoint such persons who possess the prescribed qualification to be Inspectors and the Government may assign to them such local limits as it may think fit.

( 2 ) THE Service as constituted in 1959 had 27 posts of Inspectors of Factories in the pay scale of Rs. 660-1600. It has its own promotional channel. The post higher to the Inspector being that of Deputy Inspector, then Joint Chief Inspector and finally Chief Inspector.

( 3 ) THE matter relating to pay scale of the aforesaid Inspectors came to be agitated by West Bengal Factories Services Association in the wake of State Pay Commissions recommendations of 1980. As per the recommendation of that Pay Commission, scale No. 18 (Rs. 1100-1900) was to be given to Inspector of Factories, Inspector of Boiler and Electrical Inspector. The Government, however, did not accept the recommendation qua Inspector of Factories














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