Section 5 in The Bihar Factories Welfare Officers Rules, 1952
5. [ Condition of service. [Substituted by S.O. 734 dated 5.5.1977.]
(1)(a)Every post of Welfare Officer, except when appointment is made by promotion or transfer, shall be advertised in at least two daily newspapers of the State and a copy of the advertisement shall be sent to the Labour Commissioner, Chief Inspector and Inspector, respectively.(b)Every appointment of Welfare Officer, shall be notified in the prescribed Form A to the Labour Commissioner, Chief Inspector and Inspector within seven days of the appointment.](2)[ All appointments shall be made on a permanent basis except those in the temporary and leave vacancies, but candidates appointed on a permanent basis may initially be kept on probation for a period exceeding one year.] [Substituted by S.O. 734 dated 5.5.1977.](3)A Welfare Officer, whose work is found unsatisfactory during the period of probation shall be liable to be discharged after one month's notice by the [management] [Substituted for 'occupier' by S.O. 734 dated 5.5.1977.] of the factory after intimation to the Labour Commissioner, Bihar.(4)No Welfare Officer, shall be discharged, dismissed or otherwise punished except with the previous approval of Labour Commissioner, Bihar obtained on proceedings drawn up against the officer:Provided that the [management] [Substituted for 'occupier' by S.O. 734 dated 5.5.1977.] of a factory may impose any, one, or more of the following punishment upon a Welfare Officer without the previous approval of the Labour Commissioner, Bihar:-(i)Warning;(ii)Censure;(iii)Withholding of increments including stoppage at an efficiency bar:Provided further that no punishment of any kind shall be inflicted unless the officer has first been informed in writing of the grounds on which it is proposed to take action and has been afforded an adequate opportunity of defending himself:Provided also that every Welfare Officer, who is subjected to punishment under sub-rule (4) shall be entitled to appeal to the Labour Commissioner, Bihar, against the order of punishment within 30 days of the communication of the order to him. The decision of the Labour Commissioner in such appeal shall be final binding on the parties.(5)[ No Welfare Officer shall be transferred from the factory in which he is employed to any other factory, place or post, falling outside the jurisdiction of the State of Bihar, without his consent obtained in writing.] [Inserted by 'occupier' by S.O. 734 dated 5.5.1977.]
