Case: Basanta Kumar Ray Vs State of West Bengal and Ors.. High Court of Calcutta (India)

JudgesBenerjee, J.
IssueLabour and Industrial
Citation(1966) IILLJ 46 Cal
Judgement DateJuly 21, 1965
CourtHigh Court of Calcutta (India)

Judgment:

Banerjee, J.

  1. The petitioner was a labour officer under the Government of West Bengal, While serving in that post, the petitioner and two other officers, namely, Smt. Indira De, then an Assistant Labour Commissioner, and Sri D. P. Dutta, a labour officer, were appointed, by the Government of India, as inspectors under the Employees' Provident Funds Act, 1952, by a notification dated 23 July 1952. The relevant portion of the notification is set out below:

    In exercise of the powers conferred by Sub-section (1) of Section 13 of the Employees' Provident Funds Act, 1952 (19 of 1952), the Central Government hereby appoints Smt. Indira De and Debi Prosad Dutta and Sri Basanta Kumar Roy to be inspectors for the whole of the State of West Bengal for the purposes of the said Act and of any scheme made there under, in relation to factories which are engaged in a controlled industry or in an industry connected with a mine or an oil-Said.

  2. The Labour Commissioner, West Bengal, released the petitioner and the two other officers named above to go out on deputation by memorandum dated 16 October 1952, which Is set out hereunder:

    As directed in the above memorandum t am releasing Smt. Indira De, Assistant Labour Commissioner, Sri B. K. Roy, labour officer, and Sri D. P. Dutta, labour officer, for assuming charges as inspectors under the Employees' Provident Funds Act, 1952. They will hand over charges in this directorate on 21 October 1952.

  3. Shortly thereafter, on 13 November 1952, there was a notification made by the Government of West Bengal promoting the petitioner as temporary Assistant Labour Commissioner, in place of Smt. Indira De above named, until further orders. The relevant portion of the notification reads as follows:

    The Governor is pleased to appoint Sri B. K. Roy, labour officer,West Bengal, to act temporarily as Assistant Labour Commissioner, West Bengal. from 22 October 1952 until further orders vice Smt. I. De on deputation.

    * * *

    Copy forwarded to the Accountant-General, West Bengal, for information.

    Sri Roy will, however, continue to act as inspector under the Employees' Provident Funds Act under the Government of India.

  4. The promotion, to any the least, was tantalising because the petitioner was directed to continue as the inspector under the Employees' Provident Funds Act and not to participate in the glories of the promoted post. The chair created for the petitioner thus remained awaiting for him.

  5. Now, the transfer of a Government servant from the parent department to another department outside the parent department on deputation or otherwise, counts as foreign service. Rule 100 of the West Bengal Service Rules (Part 1) under the heading " Foreign Service " reads as follows:

    (1) A Government servant transferred to foreign service shall remain in the cadre or cadres in which he was included in a substantive or officiating capacity immediately before his transfer, and may be given such substantive or officiating promotion in those cadres as the authority competent to order promotion may decide. In giving promotion, such authority shall take into account

    (a) the nature of the work performed in foreign service; and

    (b) the promotion given to juniors in the cadre in which the question of promotion arises.

    (2) * * *

    6. The Government of India took into consideration the promotion of the petitioner as an Assistant Commissioner and re-fixed his pay in the deputation post accordingly. The letter written by the Government of India to the Central Provident Fund Com-missioner, dated 23 March 1965, is set out below:

    I am directed to refer to your letter No. Adm. 2 (17)/55, dated 14/15 January 1955, on the above subject and to say that the Government of India are pleased to sanction the re-fixation of pay of Sri B. K. Roy, provident fund inspector, West Bengal, at Rs. 250 per month in the scale of pay of Assistant Labour Commissioner, West Bengal, viz., Ra. 250-25-850 with effect from 22 October 1952 and up to the date, he would have actually continued to comate as the Assistant Labour Commissioner in his parent office, but for his deputation under the Employees Provident Fund Organization In the State, For the...

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