S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by the petitioner for direction on the respondents to pay him the salary in the scale of Mechanical Engineer on the principle of "equal pay for equal work".
(2.) THE case of the petitioner is that he was appointed in the Plant of Bihar State Mineral Development Corporation Ltd. (Corporation for short), vide Memo No. 5367 dated 8th December, 1988, as Mechanical Engineer on consolidated wage of Rs. 1500/ - per month. It was extended from time to time, vide Annexure 1 series and vide Memo No. 395 dated 24th January, 1990, he was ordered to continue in service until further orders. According to the petitioner, there is a sanctioned post of Mechanical Engineer under the Corporation, which was sanctioned some time in the year 1991 in the then scale of Rs. 2200 -4000/ - Though the respondents are taking work from the petitioner as Mechanical Engineer, but he has not been appointed on regular basis against the sanctioned post, nor is being paid the minimum of scale of pay on the post of Mechanical Engineer.
(3.) IT appears that the Corporation vide its letter No. 2034 dated 14th August, 1992, referred the matter to the Secretary, Mines and Zoology Department, Govt. of Bihar, Patna. The Corporation pointed out Regulation No. 34(2), wherein it is stipulated that no person shall act or continue to act or to be appointed as a Manager of Mine or Mines where work is being carried on system of deep hole blasting and/or with the help of heavy machinery for digging, excavation and removal etc. of earth stone mineral or other materials unless he holds a first class managers certificate. It was pointed out that for project, three first class mining manager and as per Factory Act, one Mechanical Engineer are required.;