Prasanna Kumar, the respondent was appointed as a Personnel Officer of the appellant company. His services were confirmed after satisfactory completion of probation. It was provided in the terms of employment that the se
CS Professional · Labour Laws and Practice · PYQS · June 2025
Prasanna Kumar, the respondent was appointed as a Personnel Officer of the appellant company. His services were confirmed after satisfactory completion of probation. It was provided in the terms of employment that the services of the respondent could be terminated with a month's notice or salary in lieu thereof. On 10th October 2020 the employment of the respondent was terminated by giving a month's salary in lieu of notice. The respondent challenged the legality and validity of the order of termination by filing a writ petition before the High Court. The respondent contended that he was assured at the time of appointment by the General Manager that he would be promoted as Assistant Manager (Personnel) after confirmation and his pay would be fixed accordingly. But after confirmation, his salary was not increased as per the assurances given. Since he insisted for implementing the assurances, his employment was unjustly terminated on 10th October, 2020. The respondent also held a contention that by virtue of his appointment as Personnel Officer he had to look after the welfare of the labours employed in the factory. Accordingly, his appointment must be considered to be statutory appointment under the Provisions of Factories Act, 1948. In view of this, as per the Act and rules made there under termination cannot be made without the concurrence of the Labour Commissioner. As such the said termination is illegal and void. Answer the following questions based on the above facts: What are the statutory provisions for appointment of Labour Welfare Officer ? Have they been complied with in this case ?
Answer & Explanation:
As per Section 49(1) of the Factories Act, 1948, in every factory wherein five hundred or more workers are ordinarily employed the occupier shall employ in the factory such number of welfare officers as may be prescribed. The State Government may prescribe the duties, qualifications and conditions of service of officers employed under sub-section (1). In the given case, if the company has employed five hundred or more workers, the company is require to appoint welfare officers in accordance with above provisions.
Topics: Factories Act, 1948
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