SWAPAN KUMAR CHOUDHARY AND ORS. versus TAPAS CHAKRAVORTY

Citation: [1995] SUPP. 1 S.C.R. 474 · Decided: 12-05-1995 · Supreme Court of India · Bench: P.B. SAWANT · Disposal: Appeal(s) allowed
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Judgment (excerpt)

.. 
A 
S'\YAPAN KUMAR CHOUDHARY AND ORS. 
v. 
TAPASCHAKRAVORTY 
~~ 
MAY 12, 1995 
B 
[P.B. SA WANT AND B.L. HANSARIA, JJ.] 
Factories Act, 1948: Sections 8 and 9. 
c 
West Bengal Fact01ies Service-Classification of Inspectors-Creation 
of separate cadre of Inspectors of Factories (Chemical) and Medical btspec-
tor of Factories-Claim for parity of pay scale and promotional 
avenues-Direction by High Court for one common gradation list of all 
Inspectors and availability of higher posts for promotion held not valid-Held 
section 8 empowers State Govemment to have different types of Inspec-
D tors-Direction to State Government to consider availability of higher pay 
scales to all types of Inspectors. 
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The West Bengal Factories Service consists of three types of Inspec-
tors viz. Inspector of Factories, Inspector of Boiler and Electrical Inspec-
E 
tor. Subseqnent to the recommendation of State Pay Commission in 1980 
the pay scale of these Inspectors was fixed at Rs. 1100-1900. In the wake 
of Bhopal Gas Tragedy a separate cadre of Inspector of Factories (Chemi· 
cals) and Medical Inspector of Factories was created in the pay scale of 
Rs. 660-1600. This cadre has its own recruitment rules under which the 
only promotional post made available was that of Deputy Chief Inspector 
F of Factories (Chemicals). The State Government vide Labour 
Department's Memo No. 932-GE dated 7.4.1989 decided to change the 
nomenclature of Inspectors of Factories (Chemical) and Medical Inspec-
tors of Factories as 'Inspectors of Factories'. Subsequently, the Labour 
Department issued a letter dated 25.9.1990 to the Chief Inspector of 
G 
Factories In-charge stating that as advised by Finance (Law Cell) Depart· 
ment, order dated 7.4.1989 regarding change of nomenclature should not 
be implemented. On the basis of the Government's order dated 7.4.1989 
•· 
some of the Inspectors of the Chemicals wing approached Calcutta High 
Court seeking a direction to the State to make and publish a common 
gradation list in respect of all the three categories of Inspectors and to 
H provide equal opportunity of promotion. The prayer was allowed by a 
474 
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S.K. CHOUDHARYv. T. CHAKRAVORTY 
475 
single Judge and the appeal preferred by the State was dismissed iiy the A 
Letters Patent Bench. State of West Bengal as well as some of the private 
individuals who had been recruited to the original posts of Inspectors of 
Factories filed appeals before this Court. 
It was contended for the respondent that (i) section 8 of the Factories 
Act provides for only one category of Inspector of Factories; (ii) the State B 
Government itself having resolved to change the nomenclatnre vide its 
order dated 7.4.1989, the subsequent letter dated 25.4.1990 cannot take 
away the legal force of the first order; and (iii) the pay scale of both the 
types of Inspectors having been made as Rs. 1100-1900 by the letter of 
Chief Inspector of Factories, no distinction is merited between the two C 
wings of the Inspectors. 
Allowing the appeals, this Court 
HELD : 1. The High Court exceeded its jurisdiction in giving the 
directions in question. By giving the directions, the High Conrt almost D 
revised the recruitment rnles which was not within its competence. By 
directing the State to make available the higher post to Deputy Chief 
Inspector of Factories (Chemical), a legal error was committed, as the 
same amounted to laying down conditions of service of Government 
employees, which either the State Legislature in exercise of its power under E 
Article 309 of the Constitution, or the State Government in exercise of the 
power under the proviso to that article, can do. However, on being satisfied 
that a strong case for forming a common cadre for all exists it is required 
that the State Government may apply its mind to this aspect of the matter 
and, so too, to make available the same pay scale to all types of Inspectors 
of Factories. [ 482-C-E, 483-A] 
F 
2. Section 8 of the Factories Act does not advance the case of the 
respondents inasmuch as the same shows that even a District Magistrate 
is an ex-officio Inspector of his district, as mentioned in sub-section (4). 
This apa·rt, sub-section (2B) states that every Additional Chief Inspector, G 
Joint Chief Inspector, Deputy chief Inspector and every other officer 
appointed under sub-section (2A) shall exercise the powers of an Inspector 
throughout the State. The need for this exists because of what has been 
stated
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