PRAKASH KRISHNA, J.

1. Petitioner, a company registered under the Companies Act carries on the business of manufacture and sale of sugar through vacuum pan sugar process at its factory premises situate at Tamkuhi Road, Kushinagar. The permanent strength of the workers is less than three hundred workers but during the crushing season the strength is enhanced up to about nine hundred. Provisions of the Factories Act, 1948 are applicable to the Petitioner company. Its Section 49 provides for the appointment of Welfare Officer in every factory wherein five hundred and more workers are employed.

The Petitioner being aggrieved by the order dated May 3, 2001 passed in favour of its Welfare Officer namely Narendra Das Gaur, the Respondent No. 5 herein by the Deputy Labour Commissioner, Gorakhpur under the U.P. Industrial Peace (Timely Payment of Wages) Act, 1978 (hereinafter referred to as the Act) has filed the present writ petition on a number of grounds including that the Rule 22 of the U.P. Factories Welfare Officers Rules, 1955 be declared as ultra vires and unconstitutional and the recovery certificate dated May 3, 2001 issued by the Deputy Labour Commissioner, Gorakhpur be q