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1998 Supreme(Pat) 701

INDU PRABHA SINGH, B.N.AGRAWAL
Vishnu Sugar Mills Limited – Appellant
Versus
State Of Bihar – Respondent


Judgment

B.N.Agrawal, J.

1. All the writ applications except Civil Writ Jurisdiction Case No. 3017 of 1988 have been filed for quashing Sub-rules (2) and (5) of Rule 6 of the Bihar Factories Welfare Officers Rules, 1952 (hereinafter referred to as rules), as substituted by Government notification bearing S.O. 119, dated April 27, 1994 contained in Annexure 1, whereas in Civil Writ Jurisdiction Case No. 3017 of 1988 prayer has been made for quashing that portion of Government notification, dated May 20, 1985, contained in Annexure 1, whereby the revised scale of pay prescribed under Sub-rule (1) of Rule 6 of the Rules has been made effective from April 21, 1981.

2. The short facts are that the petitioners in these writ applications are different Sugar Mills within the State of Bihar employing Welfare Officers as required under Sec. 49(1) of the Factories Act, 1948 (hereinafter referred to as Act), 1948. Under Sec. 49(2) of the Act the concerned State Government is required to prescribe the duties, qualifications and conditions of service of Welfare Officers employed under Sub-sec. (1) of Sec. 48 of the Act. Under Sec. 112 of the Act the concerned State Government is empowered to make

























































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