Case Note & Summary
The dispute arose from a writ petition filed by the respondent, a Safety Officer at the Naval Ship Repair Yard, seeking to be designated as such under the Karnataka Factories Rules, 1969. The respondent contended that despite his qualifications, he was not appointed to the post of Safety Officer, which was mandatory under the Factories Act, 1948 due to the establishment employing more than 1,000 workers. The appellants argued that the respondent was only assigned functional duties and that there was no sanctioned post of Safety Officer in the cadre structure. The learned Single Judge allowed the writ petition, directing the appellants to confer the service benefits applicable to a Safety Officer from 23.05.2019. The appellants challenged this decision in a writ appeal, arguing that the learned Single Judge exceeded judicial review limits by directing the creation of a post that did not exist. The court analyzed the statutory obligations under the Factories Act and the Karnataka Factories Rules, concluding that while safety obligations must be met, the court cannot compel the creation of a post or confer benefits without a sanctioned position. The court ultimately allowed the appeal, set aside the Single Judge's order, and dismissed the writ petition, clarifying that the judgment would not affect statutory safety obligations.
Headnote
A) Administrative Law - Writ of Mandamus - Authority to Create Posts - Central Government Service Rules - Court cannot direct creation of a post that does not exist in the sanctioned cadre or grant a pay scale not attached to the post held by the employee. The learned Single Judge's direction to confer upon the respondent the status and service benefits of a Safety Officer was beyond permissible limits of judicial review as no sanctioned post existed (Paras 34-34).
Issue of Consideration
Whether the learned Single Judge was justified in directing the appellants to confer upon the respondent the status and service benefits of a Safety Officer in the absence of a sanctioned post in the relevant cadre?
Final Decision
The writ appeal was allowed, the order dated 25.11.2025 passed by the learned Single Judge was set aside, and the writ petition filed by the respondent was dismissed. The order dated 04.05.2023 passed by the learned JMFC, Karwar, in Criminal Miscellaneous No.70 of 2023 remained unaffected.
Law Points
- Writ of mandamus
- appointment of Safety Officer
- statutory obligations
- Central Government Service Rules
- cadre structure
- retrospective benefits
Case Details
2026 LawText (KAR) (09) 40
S.Sunil Dutt Yadav, Hema Kulkarni
Sri. Venkatesh M Kharvi, Sri Mallikarjunaswamy B. Hiremath
The Occupier, Director of Factories, Senior Assistant
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Nature of Litigation
Writ appeal against the order of the learned Single Judge regarding the designation and benefits of a Safety Officer.
Remedy Sought
The appellants sought to set aside the order directing the conferment of Safety Officer status and benefits.
Filing Reason
The respondent challenged the refusal to appoint him as Safety Officer despite his qualifications.
Previous Decisions
The learned Single Judge allowed the writ petition and directed the appellants to confer benefits from 23.05.2019.
Issues
Whether the learned Single Judge was justified in directing the appellants to confer upon the respondent the status and service benefits of a Safety Officer in the absence of a sanctioned post in the relevant cadre?
Whether Rule 88-A of the Karnataka Factories Rules, 1969 can, by itself, be invoked to compel creation of a post and fixation of pay contrary to the applicable Central Government Service Rules and Cadre Rules?
Submissions/Arguments
The appellants contended that the respondent was only assigned functional duties and that there was no sanctioned post of Safety Officer.
The respondent argued that he was entitled to the designation and benefits of a Safety Officer due to his qualifications and the establishment's obligations under the Factories Act.
Ratio Decidendi
The court held that the learned Single Judge exceeded judicial review limits by directing the conferment of benefits without a sanctioned post existing in the cadre structure, emphasizing that statutory obligations do not equate to the creation of posts or granting of pay scales.
Judgment Excerpts
The learned Single Judge, in our considered view, erred in directing the appellants to confer upon the respondent the service benefits attached to the post of Safety Officer with retrospective effect from 23.05.2019.
The obligation to maintain safety and an employee’s claim to a separate cadre status and pay scale are two distinct matters.
Procedural History
The respondent filed W.P.No.106268 of 2024 challenging the speaking order dated 21.05.2022, which was allowed by the learned Single Judge. The appellants filed the present writ appeal against that order.
Acts & Sections
- Factories Act, 1948: Section 2(m), Section 40(b)
- Karnataka Factories Rules, 1969: Rule 88-A(2)(b), Rule 88-A(2)(c)
