JUDGMENT

S.B. Sinha, J.-Applicability of the doctrine of equal pay for equal work is the question involved in this appeal which arises out of a judgment and order dated 3rd December, 1997 passed by a Division Bench of the Calcutta High Court in FMAT No. 1505/1996.

Factual Background :

2. In the Irrigation Department of the State of West Bengal inter alia there existed two posts - Operator-cum-Mechanic and Sub-Assistant Engineer. The First Pay Commission of the State of West Bengal in its report dated 31.12.1969 recommended the following pay-scales relating thereto.

Posts Pay scale recommended

Operator-cum-Mechanic Rs. 200-250

Sub-Assistant Engineer Rs. 350-600

3. It is not in dispute that by reason of statutory rules the minimum qualification required for recruitment for the said two posts were laid down as under :

"Operator-cum-Mechanic

(a) Pass in School Final Examination or its equivalent;

(b) Pass in Certificate Course in the trade of internal compustion engine from ITI or Technical School recognized by the Government.

Sub-Assistant Engineer

(a) Pass in School Final Examination or its eq