100. [ Persons defined to hold positions of supervision or employed in a confidential position. [Rule 100, 101 and 102 Substituted by Government Notification dated 21.2.2005 MGG Part I-L Extraordinary dated 21.2.2005 p. 256-282.]
(1)In a factory the following persons shall be deemed to hold positions of supervision or management within the meaning of sub-section (1) of section 64, provided they are not required to perform manual labour or clerical work as a regular part of their duties, namely:-(i)The Manager, Deputy Manager, Assistant Manager, Production Manager, Works Manager and the General Manager;(ii)Departmental Head, Assistant Departmental Head, Departmental in-charge or Assistant Departmental in-charge;(iii)Chief Engineer, Deputy Chief Engineer and Assistant Engineer;(iv)Chief Chemist, Laboratory in-charge;(v)Personnel Manager, Personnel Officer;(vi)Labour Officer, Assistant Labour Officer;(vii)Welfare Officer, Additional Welfare Officer or Assistant Welfare Officer;(viii)Safety Officer;(ix)Security Officer;(x)Foreman, Chargeman, Overseer and Supervisor;(xi)Jobber in Textile Factories;(xii)Head Store-keeper and Assistant Store-keeper;(xiii)Boiler Sarang or such Boiler Attendants who are in- charge of a battery of boilers and are only required to do supervisory work; and(xiv)Any other person who in the opinion of the Chief Inspector, holds a position of Supervision or Management and is so declared in writing by him.(2)In a factory, the following persons shall be deemed to be employed in a confidential position within the meaning of sub- section (1) of section 64, namely:-(i)Stenographers or Telex Operators;(ii)Office Superintendent;(iii)Head Clerk where there is no Office Superintendent;(iv)Head Accountant and Head Cashier;(v)Head Time Keeper; and(vi)Any other person who in the opinion of the Chief Inspector is employed in a confidential position and is so declared in writing by him.(3)Any dispute whether a person, by virtue of the nature of his duties, falls in any of the definitions given in sub-rules (1) or (2) above, shall be decided by the Chief Inspector by passing an order in writing, which shall be final.(4)On an application made by the occupier or Manager of the factory, the Chief Inspector may declare in writing any person other than the persons defined in sub-rules (1) and (2) above, as a person holding a position of supervision or management or employed in a confidential position in a factory, if in the opinion of the Chief Inspector, such person holds such position or is so employed.(5)All declarations of the nature described in sub-rule (4) of this rule, made by the Chief Inspector under the provisions of any earlier rules in that behalf shall be deemed to have been made under sub-rule (4), and shall continue to remain in force.
