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[Cites 0, Cited by 0] [Section 81F] [Entire Act]

State of Kerala - Subsection

Section 81F(2) in Kerala Factories Rules, 1957

(2)Conditions of service. - (a) Where the number of Safety Officers to be appointed in a factory as required by a notification in the Official Gazette exceeds one, one of them shall be designated as the Chief Safety Officer and shall have a status higher than that of the others. The Chief Safety Officer shall be in overall charge of the safety functions as envisaged in sub-rule (3), the other safety officers working under his control.
(b)The Chief Safety Officer or the Safety Officer (in the case of factories where only one Safety Officer is required to be appointed) as the case may be, shall be given the status of a senior executive and he shall work directly under the control of the Chief Executive of the factory. All other Safety Officers shall be given appropriate status to enable them to discharge their functions effectively.
(c)The scale of pay and the allowance to be granted to the Safety Officers including the Chief Safety Officer, and the other condition of their service shall be the same as those of the other officers of corresponding status in the factory.
(d)
(i)If the service of a Safety Officer is terminated otherwise than under the terms of contract, he shall have within 30days of such termination, a right of appeal to the Chief Inspector of Factories.
Provided that the Chief Inspector of Factories, may on sufficient cause being shown for the delay, extend the aforesaid time-limit to a period not exceeding six weeks.
(ii)On being satisfied that a Safety Officer intends to prefer an appeal under clause (i) of sub-rule (d), the Chief Inspector of Factories may stay the enforcement of the order of termination to be appealed against for such period and on such terms, if any, as he may think just and proper.
(iii)The Chief Inspector of Factories, shall, after giving both the parties a reasonable, opportunity of being heard, by an order for reasons to be recorded in writing, dispose of the appeal as early as possible. While disposing the appeal, the Chief Inspector of Factories, may confirm, modify or set aside the order appealed against.
(iv)The occupier or any Safety Officer, being aggrieved by the decision of the Chief Inspector of Factories may, within thirty days of the communication of such order to him, prefer a second appeal to the State Government; and the decision of the State Government thereon shall be final and binding on both the parties.
(v)On being satisfied that the Occupier or a Safety Officer intends to prefer an appeal under clause (iv) of sub-rule (d), the State Government may stay the enforcement of the decision of the Chief Inspector of Factories, for such period and on such terms and conditions, if any, as the State Government may think just and proper.