Judgment : This application under Article 226 of the Constitution of India is directed against the refusal of the State of West Bengal to sanction the revised scale of pay of Rs. 1100-1900/- to the Inspectors of Factories who are the members of West Bengal Factories Service Association. The case of the petitioners is set out hereinbelow. 2. Under the Labour Department there are two Directorates-Directorate of Factories and Directorate of Boiler. The Inspectors under those two Directorates and Inspector under the Directorate of Electricity (Power Wing) under the Power Department had various types of jobs in their respective field of work as specified under the relevant Acts. Initially the pay-scale of the Inspector of Factories was Rs. 400-900/- and that of the Inspector of Boilers Rs. 350-750/-. But ultimately in 1970 under the West Bengal Services (Revision of Pay and Allowances) Rules, 1970, the pay-scale of Inspector of Factories, Inspector of Boilers and Inspector of Electricity became the same, that is to say Rs. 475-1150/-. The Second Pay Commission recommended same pay scale for Inspector of Factories, Electrical Inspectors and Inspector of Boilers. But the said recommendation was accepted by the Government in respect of the officers of the Directorate of Boilers and officers of the Directorate of Electricity (Power Wing) excepting in respect of the Inspector of Factories. The petitioners have claimed that the action of the respondents in not accepting the same pay scale' for the inspector of Factories violates Articles 14 and 16 of the Constitution of India as according to the petitioners they are entitled to equal pay for equal work. It is also alleged that there has been arbitrariness in the action of the respondents in not accepting the recommendation of the Second Pay Commission in so far as the Inspectors of Factories are concerned. The petitioners grievance in substance is that Government acted aroitrarily in not accepting the recommendation of the Pay Commission which put the Inspector of Boilers and the petitioners at par. 3. The case of the respondents is that the relevant consideration in respect of persons holding the posts of Inspector of Boilers and those holding the posts of Inspectors of Factories are quite different. The requisite qualifications for appointment, the pre-revised scales of pay, the nature of work done, and types of duties are different in the case of Inspectors of Boilers and Inspectors of Factories. The requisite qualifications for appointment, the pre-revised scales of pay, the nature of work done, and types of duties are different in the case of Inspectors of Boilers and Inspectors of Factories. Inspectors of Boilers and Inspectors of Factories perform dissimilar functions and the powers duties and the responsibility of the posts held by them vary. Taking into consideration of all the terms, conditions, duties, responsibilities, and functions of services the scale of Rs. 1100-1900/- was given to the Inspector of Boilers and to the Electrical Inspectors. The hazards of work, minimum qualifications and experience required, functions and responsibility of duties and other factors were taken into consideration in allowing them the said scale. On consideration of the said factors, the Government considered it proper to give the scale of Rs. 660-1600/- to the Inspector of Factories and to Assistant Engineers whose pay-scale in the pre-revised scale was Rs. 475-1150/-. 4. The respective contentions have to be considered in the light of historical events. 5. The Inspectors of Boilers work under the Directorate of Boilers under the Lahour Department. Inspectors of Boilers should possess a degree in mechanical Engineering or equivalent, and two years experience as a practical Engineer on the design, construction, repair, fabrication and maintenance of working of steam engine and boilers. 6. Inspectors of Factories are required to possess degree in Mechanical, Civil Electrical Engineering or equivalent qualification. Mechanical Engineers are preferred; and adequate enquiring experience in a workshop or manufacturing concern of repute. 7. The Inspectors under these Directorates as also the Inspectors under the Directorate of Electricity under the Power Department perform various jobs as enjoined by the relevant Acts. 8. Inspectors of Factories have a wider range of technical activities relating to man, machinery. employee, material in respect of the construction, erection, operation, maintenance of plants, machinery ensuring safety of plant and machinery of various types requiring experties and knowledge in the field of technical, electrical, chemical, fire and explosion technology etc. It is clear that according to survey made in the year 1980, there are about 6,700 factories employed about 8.8 lakhs people in the West Bengal. Accident rate per thousand working labour force in factories was the highest in West Bengal - 80 to 90 per thousand labour against the All India average 30-40 per thousand labour. It is clear that according to survey made in the year 1980, there are about 6,700 factories employed about 8.8 lakhs people in the West Bengal. Accident rate per thousand working labour force in factories was the highest in West Bengal - 80 to 90 per thousand labour against the All India average 30-40 per thousand labour. It is not disputed that an Inspector of Factory appointed under section 8 of the Factories Act usually exercises his jurisdiction within local limits over 250 to 300 factories, although the lahour conference held in the year 1961 recommended that this number should not exceed 150 to 175. The Inspectors are also very much involved in the legal proceedings. The nature of job or work as indicated above, exposes the Inspectors of Factories to health hazards and risk. 9. The following chart will show the pay-scale which was given to the different categories of Inspectors. Pay Scale ___________________________________________________________________ Designation Pre-1931 Post-1931 Revision of Pay scale scale Allowances Rules 1950 1 2 3 4 ___________________________________________________________________ Inspector of Rs. 400-900 Rs. 272-750 Rs. 250-750 Factories Inspector of Boilers Rs. 350-750 Rs. 225-650 Rs. 253-750 Electrical Rs. 250-500 Rs. 250-750 Inspectors Inspr. Jr. Inspr. Jr. ___________________________________________________________________ ___________________________________________________________________ West Bengal West Bengal West Bengal Services Services Services (Revision of (Revision of (Revision of Pay & Allowances) Pay & Allowances) Pay & Allowances) Rules, 1961. Rules, 1970. Rules, 1981. 5 6 7 __________________________________________________________________ 325-1000 475-1150 660-1600 325-1000 475-1150 1100-1900 325-1000 475-1150 1100-1900 __________________________________________________________________ 10. It would be evident from the aforesaid chart that at the initial stage the pay-scale of the Inspector of Factories was higher than that of Inspector of Boilers. Under the Revision of Pay and Allowance Rules, 1950, the pay-scale of three categories of Inspectors were brought at par, i.e., to say all or them were given the same pay-scale of Rs.250-750/-. 11. Under the Revision of Pay and Allowance Rules, 1950, the pay-scale of three categories of Inspectors were brought at par, i.e., to say all or them were given the same pay-scale of Rs.250-750/-. 11. By the no1ification dated 17th November, 1959, a Pay Committee was appointed by the Government of West Bengal to examine the principles which should govern the structure of emoluments of all employees under the rule-.making control of the State Government and to recommend what changes in the emoluments of such employees are desirable and feasible and the extent to which benefits may be given to the employees in the shape of amenities having regard to the relevant factors as the availability of various categories of personnel, present finances of the State, the prevailing economic conditions etc. The said Pay Committee in its report submitted in August, 1961 suggested that the Electrical Inspectors and Boiler Inspectors and the Inspector of Factories should be given pay-scale of Rs. 325-1000/-. In terms of the said recommendation pay-scale of the said three categories of Inspectors were revised in 1961 under the West Bengal Services (Revision of Pay and Allowances) Rules, 1961 from Rs. 250-750/- to Rs. 325-1000/-. 12. On 25th August, 1967, the Government constituted a Pay Commission to examine, infer alia, the structure of emoluments, special pays, amenities, allowances etc. and to recommend what changes are desirable and feasible in the context of economic situation of the country, with due regard to the finance resources of the State Government. The Commission submitted their Report containing the recommendation in January, 1970. State Government implemented the said recommendation by making the rules namely, the West Bengal Services (Revision of Pay and Allowances) Rules. 1970. Under the said Rules the pay scale of the said three categories of Inspectors was raised from Rs 325-1000/- to Rs. 475-1150/-. 13. In 1972 the Government revised the pay-scale of the Electrical Inspectors to Rs. 575-1475/-. In 1975 the Government also revised the pay scale of the Inspectors of Boilers from Rs. 475-1150/- to Rs, 575-1475/-. The Government did not, however, revise the pay-scale of the Inspectors of Factories. This is the starting point of discrimination between the Inspectors of Factories on the one band and the Boiler Inspectors and the Electrical Inspectors on the other. In 1975 the Government also revised the pay scale of the Inspectors of Boilers from Rs. 475-1150/- to Rs, 575-1475/-. The Government did not, however, revise the pay-scale of the Inspectors of Factories. This is the starting point of discrimination between the Inspectors of Factories on the one band and the Boiler Inspectors and the Electrical Inspectors on the other. No explanation has been given why after 25 years the pay-scale of Inspector of Factories was made lower than that of the other two categories of Inspectors and a departure has been made in their case. 14. On 16th November, 1977 Government constituted a Pay Commission hereinafter referred to as the Second Pay Commission, inter alia :- (a) To examine the structure of emoluments of all employees under the rule-making control of the Government of West Bengal except members of All India Services, West Bengal Higher Judicial Service and members of services to whom the University Grants Commission scale of pay has been allowed and 10 make recommendations with due consideration to the following issues among others: (i) the principle of need-based minimum wage; (ii) the rationalisation of pay-scales including the desirability of lessening of the gap between the highest and lowest emoluments; (iii) equal pay for equal work; and (iv) removal of anomalies existing at present in respect of any pay-scale or pay-scales; (b) To examine the principles for grant of special-pay, honorarium, reward and overtime allowance and to make recommendations thereon. 15. While the Second Pay Commission was at work the Labour Department made detailed recommendation in 1979-80 with the approval of then Labour Minister to the Second Pay Commission for upgrading the pay-scale of Inspectors of Factories. The said recommendations were made taking into account the following facts :- (a) On an average an Inspector who is the grass-root field officer is to look after factories involving safety, health, maternity, welfare, wages, leave etc. of workers. (b) The main role of the Inspectors is to see that the factory building, plant and machinery of factories are properly designed, constructed, maintained and safeguarded. The Inspectors are to perform duties not only to point out danger but also to suggest design and construction of sefeguards and device means of safety and see that advice and suggestions are implemented properly. The Inspectors are to perform duties not only to point out danger but also to suggest design and construction of sefeguards and device means of safety and see that advice and suggestions are implemented properly. In case of failure on the part of the owners of factory any of the provisions of the Factories Act and the rules made thereunder the Inspector of Factories have been declared as the competent authority to prosecute the owners for their failure. (c) In order to discharge their duties, the Inspectors are to scrutinise various plans regarding construction, extension of factory building, plants and machinery and to grant licence to those factories after being satisfied. They are to maintain proper and impartial public relation with both the management and trade unions. In all practical purposes they are the only public servants acting a liasion with the factories under private sector. The Inspectors are to pay an important role in controlling as well as preventing loss due to dangerous' occurrences and accidents to workers, management and to the nation as a whole. Unlike other Engineering Directorates, Inspectors of the Factories Directorate are often to take decision in matters and problems not covered by standard instruction or established procedures. (d) Mere Engineering Degree will not enable an Officer to perform the nature of duties enunciated above. He has to acquire sufficience experience and familiarities with problems and operations of different types of factories namely, heavy engineering, textile, chemical including petrochemicals, paper, rubber, plastics, metal, surgical, electronic etc. As such the maximum age limit fur the candidates to be recruited for the post of inspector has been fixed at 35 years, relaxable for a specifically qualified and experienced candidate. (e) Even then after repeated attempts suitable candidates are not available for appointment to the post of Inspectors and a considerable number of posts have been lying vacant for a number of years. (e) Even then after repeated attempts suitable candidates are not available for appointment to the post of Inspectors and a considerable number of posts have been lying vacant for a number of years. In this connection it may be mentioned that (i) in 1971 against two vacancies the Public Service Commission recommended only one the candidate but only one joined in the year 1974, (ii) in 1974 out of three vacancies the Public Service Commission could recommended only one candidate who also did not join, (iii) In 1975 against six vacancies of which three lying since 1974, the commission recommended all the six candidates but only three joined and (iv) in 1979 out of nine vacancies, the Commission could recommend only five. (f) The Public Service Commission while recommending five candidates of unreserved posts of Inspectors made the following remakrs : "The commission feels that the present pay-scale of the posts has failed to attract really qualified candidates. The commission is of the opinion that the present pay-scale may be suitably upgraded, to attract suitable candidates. (g) The scale of pay attached to the post of Inspectors of Factories is not commensurate with the nature, qualification and experience as required for the post and as such the officers who are working under this Directorate 8re always trying to seek better assignment elsewhere. The Government of India in their letter No. S-25025/44/78. Fact dated 13.3.79 invited the attention of the State Government to one of the most important conclusions of the 24th Session of the Labour Ministers Conference held in New Delhi on 24.11.73 and requested the State Government to implement the above decision. The decision of the Conference was to augment the strength of the State Factory Inspectors by keeping the norm of one Inspector for 150 factories and by appointment of Medical and Specialist Inspectors to tackle problems related to chemical, petro-chemical, metalargical and other complex industries. The Government of India has also suggested to upgrade the status and rank of the head of the State Factory Inspectors to enable him to deal with problems and take remedial measures. The factory Inspectors have also been recommended to be given such status which would enable them to discharge their duties effectively. The Government of India has also suggested to upgrade the status and rank of the head of the State Factory Inspectors to enable him to deal with problems and take remedial measures. The factory Inspectors have also been recommended to be given such status which would enable them to discharge their duties effectively. The Government of India further suggested that the expenditure on the factory inspectorate should be commensurate with the income realised from licence fee under the Factories Act, if necessary by increasing the licence fee. At present the revenue collected from the licence granted to about 6,000 factories comes to Rs. 13 lakhs, which covers more or less the expenditure incurred on staff and other items for running the Directorate. h) The number of Inspectors in the Labour Directorate is much below the number of officers as per 'norm' recommended in the Labour Ministers' Conference as referred to above. The question of augmenting the number in terms of the above mentioned norm could only be taken after a decision is arrived at with regarding to the upgrading of the scale of pay. i) On the existing scale of pay the Department has failed to fill up all the posts for the last few years inspite of their best attempt and the Public Service Commission has suggested the upward revision of the post. 16. It was therefore proposed that the scale of pay of Inspectors of Factories in order to attract suitable candidates for appointment to the post should be upgraded. The pay-scale of Rs. 825-1,475/- which is equivalent to that of Executive Engineer in other engineering Directorate was proposed for the Inspectors. It was also found that in order to qualify for the post of Executive Engineer an Assistant Engineer is to acquire an experience for six years as such, whereas an Inspector of Factories will have to acquire much more experience prior to his appointment as Inspector of Factories. In the light of those facts the Department felt that there was a strong case for upgrading rank, status and scale of pay of the post of different categories in Directorate of Factories and they should be given equivalent rank, status and scale of pay along with other Engineering Directorate working under the State Government. 17. The said proposal was placed before the then Labour Minister. 17. The said proposal was placed before the then Labour Minister. It was specifically pointed out in the note submitted before the Labour Minister that the department had been facing increasing difficulty in recruiting suitable candidates, inter alia, for the post of Inspectors for effective implementation and enforcement of the Factories Act, as such revision of pay-scale as suggested by the Department was essential. The said proposal was approved by the then Labour Minister. Since the Second Pay Commission was considering the question of revision of pay of different categories of staff, it was decided to send the said proposal to the Pay Commission According, the proposal of the Labour Deptt. for upgrading the pay-scale, inter alia, of the Inspectors of Factories was sent to the Second Pay Commission with the concurrence of the Ministry of Finance. The entire matter was referred to the Pay Commission on the advice of the Finance Department. The Finance Department did not disapprove the proposal and recommendation of the Labour Minister for upgrading the pay-scale, inter alia, of the Inspectors of Factories. 18. The Second Pay Commission after taking into consideration the facts and circumstances of this case and the proposal made by the Labour Department recommended by majority that the same pay-scale (i.e. Rs. 1100-1900/-) should be given to all the three categories of Inspectors. The report of the Pay Commission is in the following terms :- Inspector of Factories (West Bengal Factories Service) : Under the West Bengal Services (Revision of pay and Allowances) Rules, 1970, the pay-scale of Electrical Inspectors, Inspectors of Boilers and Inspectors of Factories was Rs. 475-1,150 for all. In 1972 the pay-scale of Electrical Inspectors was revised to Rs. 575-1,475. In 1975 the pay-scale of Inspectors of Boilers was also revised to Rs. 575 -1,475. The Inspectors of Factories continue to be on the pay-scale Rs. 475-1,150. Direct recruitment qualifications for these three classes of posts a re as follows :- Group- A Inspector of Boilers A degree in Mechanical Engineer or equivalent and two Years' experience as a practical Engineer on the design, construction, repair, fabrication and maintenance of working of steam engine and boilers. Group-B A degree in Mechanical Engineering or equivalent. The candidate so recruited will have to undergo an intensive course of training for two Years. Group-B A degree in Mechanical Engineering or equivalent. The candidate so recruited will have to undergo an intensive course of training for two Years. On successful completion of training the candidate will be eligible to continue as Inspector of Boiler on part with Inspectors in Group A. Inspector of Factories. A degree in Mechanical, Civil or Electrical Engineering or equivalent qualification. Mechanical Engineers are preferred and adequate enquiring experience in a workshop or manufacturing concern of repute. Electrical Inspector A degree or equivalent diploma in Electrical Engineering of a recognised University/Technical College. At least 8 Years' practical experience in Electrical Engineering workshop/Power Station. A thorough knowledge of actual generation, transmission and distribution of electricity, etc. 19. In West Bengal, one Inspector has under him 250 to 300 factories, while this number should not exceed 150 to 175, according to Labour Ministers' Conference (1961). Much of their time the Inspectors, we understand have to spend for legal prosecutions. Their work makes them exposed to health hazards of various factory chemicals. 20. We understand that forty percent of posts of Inspectors of Factories are now vacant-efforts by the P. S. C. to fill-up the posts do not succeed. 21. There are 6,700 factories employing about 3.8 lakhs people in West Bengal. Accident rate per 1,000 working labour force in factories was the highest in West Bengal (80-90 per 1,000 labour against the All India average of 30-40 per 1,000 labour). Now, we understand, Maharashtra is the worst. 22. Chairman, Prof. Chatterjee and Member-Secretary recommended for the Inspector of Factories the same pay-scale as for electrical Inspectors and Inspectors of Boilers, viz., pay-scale No. 18. Shri Chandra recommends for them pay-scale No. 18A, beginning at Rs.760/-. With the improved pay-scale, years of experience necessary should be specified somewhat like the Electrical Inspector. Shri Chandra suggests that for the selected candidates having longer experience than the minimum prescribed, there should be provision for additional increments at the start. 23. Table of proposed pay-scale as regards the Inspectors of Factories, Electrical inspectors and Inspectors of Boilers as would appear against pay-scale No. 18, which is set out hereinbelow : _______________________________________________________________________ Sl. Existing scale Proposed Pay-scales No. & NISG Maximum Majority Chanda's Maximum 1 2 3 4 18. 575-1,475-1,775 1100-1900 (18A) 760-1800 675-1,625 (18B) 800-1950 ________________________________________________________________________ ________________________________________________________________________ Chanda's Maximum Chanda's remarks 5 6 ________________________________________________________________________ 680-1750 State Senior Service with different starts. Existing scale Proposed Pay-scales No. & NISG Maximum Majority Chanda's Maximum 1 2 3 4 18. 575-1,475-1,775 1100-1900 (18A) 760-1800 675-1,625 (18B) 800-1950 ________________________________________________________________________ ________________________________________________________________________ Chanda's Maximum Chanda's remarks 5 6 ________________________________________________________________________ 680-1750 State Senior Service with different starts. 760-1900 Between State Service but lower then supertime Gr 1 _______________________________________________________________________ Appendix IV, Page 48 of the Second Pay Commission's Report. 1979-80 would show pay-scale No. 18. Relevant entry as would appear from Appendix IV, page 48 is also apended below :- "18. 1100-50-1300-60-1900" 24. Relevant portion in respect of pay-scale duly recommenced by the Second Pay Commission, 1977-80 would appear from pages 818 and 819. Page 818. ____________________________________________________________________ Sl. Name of Service/Post Existing Pay-scale and Special pay/ No. Administrative Pay/Allowances etc. 1 2 3 ____________________________________________________________________ 7. Inspector of Boilers 575-1475 W.B.B.S. ___________________________________________________________________ Index number of Pay-scale recommended by- ___________________________________________________________________ Chairman Sri R. P. Prof. Member Chanda N. K. Chatterjee Secretary Remarks 4 5 6 7 8 ___________________________________________________________________ 18 18A 18 18X beginning at Rs. 760/- Page 819. ___________________________________________________________________ 5. Inspector of Rs.475-1150 Factories (W.B. Factor- 18 18A Agrees ries Service) beginning with at Rs. 760/- Chairman 25. It may be mentioned that the dissident member Shri Chandra recommended one and the same scale (760-1800) for the aforesaid three categories of Inspectors. 26. Inspite of recommendations of the majority of the Pay Commission to allow the three categories of Inspectors the same pay-scale, the Government implemented the said recommendations w far as the Electrical Inspectors and Boiler Inspectors but took a different stand so far as the Inspectors of Factories are concerned. No reasons hove been disclosed why the Inspectors of Factories should not get the benefit of the scale of Rs. 1,100-1,900/- As a matter of fact, they were not given even the pay-scale which was suggested by the dissident member. It is significant that there was absolute unanimity between the majority and minority members of the Commission that the three categories of Inspectors should have the same pay-scale. Difference of opinion was on the scale After the Government partially accepted the recommendations of the Second Pay Commission so far as the two categories of Inspectors are concerned by the West Bengal Services (Revision of Pay & Allowances) Rules, 1981 Representations wert made by the Labour Department as well as by the Association of the Inspectors of Factories. Difference of opinion was on the scale After the Government partially accepted the recommendations of the Second Pay Commission so far as the two categories of Inspectors are concerned by the West Bengal Services (Revision of Pay & Allowances) Rules, 1981 Representations wert made by the Labour Department as well as by the Association of the Inspectors of Factories. The Chief Inspector of Factories in the letters dated 8.11.81 and 3.12.81 addressed to Labour Department reiterate his views that the prescription of such a lower scale of pay for the post of Inspector of Factories will affect the morale and efficiency of the officers of the factories Directorate particularly when their counter parts in the Boiler Deptt. have been allowed to enjoy higher 5cale of pay of Rs. 1100-1900/- inasmuch it will cause continuous exodus of the experience officers of the Directorate of Factories somewhere else. The Chief Inspector of Factories furnished full data and particulars about the case for increase in the pay-scale of Inspector of Factories. The department again considered the question of grant of the same pay-scale to the Inspectors of Factories as had been given to the two other categories of Inspectors by the Government in accordance with the recommendations of the Second Pay Commission. The department in the concerned file noted that the Pay Commission after considering all aspects of the Labour Department's proposal in the matter made specific recommendations for prescribing revised scale of pay of Rs. 1,100-1,900/- for the Inspector of Fatories. It was aha recorded that the original proposal for revision of scale of pay of the Inspectors of Factories was made by the Labour Department after considering the various aspects which, are, inter alia, as follows: (i) The Labour Ministers' Conference held on the 24th November, 1973, recommended that the Factor) Inspectors should have sufficient status to enable them to discharge their duties effectively. (ii) The West Bengal Public Service Commission being unable to help recruitment to the pests of Inspector of Factories several times on account of lower scale of pay attached to the post made observation that "the Commission feels that the present pay-scale of those posts has failed to attract really qualified candidates and that the commission is of the opinion that the present pay-scale should be suitably upgraded to attract suitable candidates." (iii) The experience of last few years of the Department that inspite of best efforts the vacancies in the post of Inspector of Factories could not be filled up due to un-attractive scale of pay of the post. 27. In the premises, it was proposed that these posts should carry the scale of pay Rs. 825 -1,475/- (Unrevised) allowed to the Executive Engineers. It may be noted that the pay-scale of the Executive Engineers (E) and Inspector of Boilers has since been prescribed as Rs. 11,100 -1,900/- in the W. B. S.(ROPA) Rules, 1981. 28. It was also noted th.1t the prop0sal of the Labour Department was strongly recommended by the Secretary, Labour Department and the Labour Minister. The Pay Commission was clearly convinced and accordingly recommended that the post of Inspector of Factories should carry the same pay-scale as for Electrical Inspectors and Inspectors of Boilers. 29. It was also noted that the Labour Department was not fully aware under what specific consideration the Finance Department deviated from the specific recommendations made by the Pay Commission in this respect and prescribed a lower scale of pay of Rs. 660 -1,600/- instead of Rs. 1,100-1,900/- for the Inspector of Factories. 30. The Labour Department agreed that prescription of such a lower scale of pay for the post of Inspector of Factories would affect the morale and efficiency of the officers of the Factories Directorate, particularly when their counter-parts in the Boiler Directorate and the Electricity Directorate (Power Wing) have been allowed to enjoy the higher scale of pay of Rs. 1,100-1,900/- it was observed that prescription of such lower scale of pay would naturally affect the efficiency of the administration of the Directorate as it would cause continuous exodus of the experienced officers from the Factories Directorate elsewhere, besides discouraging the prospective candidates from joining the service. 31. 1,100-1,900/- it was observed that prescription of such lower scale of pay would naturally affect the efficiency of the administration of the Directorate as it would cause continuous exodus of the experienced officers from the Factories Directorate elsewhere, besides discouraging the prospective candidates from joining the service. 31. In the premises, Labour Department was of the view that the matter needed review and the full facts of the case should be placed before the secretary and the Labour Minister for consideration and the matter might be placed before the Finance Minister for removing the anomaly and placing the Inspector of Factories in the same revised pay-scale of Rs. 1,100-1,900/-. The then Labour Minister on 20th January, 1982 endorsed the views expressed by the Labour Department regarding giving higher scale of pay at par with that of the Engineers of the Boiler Directorate and of the Electricity Directorate (Power Wing) to the Inspector of Factories. It. was also felt by the Minister that if the Inspectors of Factories were not allowed higher scale of pay it would affect the efficiency of the Directorate and the continuous exodus of the experienced officers could not be checked. Accordingly, the matter was sent to the Finance Department with a recommendation to revise the pay-scale to Rs. 1,100-1,900/- for the Inspectors of Factories. It is strangely enough that the said proposal of the Labour Department as approved by the Labour Minister was disapproved by the Finance Department. The main reasons given by the Finance Department for not allowing the said pay-scale of Inspector of Factories are as follows :- "The pay-scale of the Inspector of Factories has not been fixed in accordance with the recommendation of the majority members of the Pay Commission presumable because the Assistant Engineers in other departments of Government like P.W. Department, Irrigation Department, etc. have given the pay-scale of Rs. 660-1,600/-. The job of Inspector of Factories is very important one and P.S.C. finds difficulty in filling up the vacancies, so it appears justified to upgrade their pay-scale to what has been recommended by the Pay Commission. But on the other hand we cannot probably lose site of the fact that the Engineers in other Departments will also put forward claims for upward revision of their pay-scales if we agree to revise the pay-scale of the Inspector of Factories. But on the other hand we cannot probably lose site of the fact that the Engineers in other Departments will also put forward claims for upward revision of their pay-scales if we agree to revise the pay-scale of the Inspector of Factories. There are also Graduate Engineers who are appointed as Assistant Directors and principals of ITIS in the Training Directorate under the Labour Department. It would be natural for them to put forward claims for upward revision of their pay-scales if we agree to revise the pay-scale of the Inspector of Factories." 32. It appears also from the records that another Minister, Shri Santi Ghatak in his note dated 15th January, 1983 observed that the revised scales have been fixed keeping a parity with old (existing) scales of respective posts. There is also some differences in recruitment qualification for the post of Inspector of Factories and inspector of Boilers and if the proposal is agreed to, a flood-gate would be opened to accede to similar proposal from other Departments viz., P.W.D., Irrigation etc. Accordingly, the revision of pay-scale as proposed by the Labour Department was not recommended. 33. After the proposal of the Department was finally rejected in February, 1983 the petitioner moved this Court under Article 226 of the Constitution. The Labour Department again considered the question of implementation of the recommendations of the Pay Commission so far as the Inspectors of factories are concerned. The fresh proposal was made in the wake of Bhopal tragedy. In the fresh proposal the Department took into consideration the following further facts :- (1) The Second Pay Commission have not recommended scale No. 18, e.i. Rs. 1100-1900/- for the Assistant Engineers of the Engineering Directorate, which the Commission have specifically recommended the scale No. 18 for Inspectors of Factories, Inspectors of Boilers and Electricity Inspectors (Power Wing). (2) The special allowance and the administrative allowance which were granted to the Assistant Engineers and the Executive Engineers before 1981, were not granted to the Inspectors of Factories, and Deputy Chief Inspectors of Factories. (3) The Assistant Engineers of the Engineering Directorate were not granted and they did not demand the higher scale which were granted to the Boiler Inspectors and Electricity Inspectors (Power Wing), prior to 1981. (3) The Assistant Engineers of the Engineering Directorate were not granted and they did not demand the higher scale which were granted to the Boiler Inspectors and Electricity Inspectors (Power Wing), prior to 1981. (4) Pay Commission had recommended the scale No. 18 with a Special pay of Rs 100/- only p.m. to the Deputy Chief Inspectors of Factories, Deputy Chief Inspectors of Boilers and Deputy Chief Electricity Inspectors and Government had accepted the recommendations totally for all categories of Deputy Chief Inspectors. The scale of pay of the Deputy Chief Inspectors of all, the aforesaid Directorates was Rs. 825-1475/- and all these officers were allowed scale No. 18, e.i., Rs. 1100-1,900/- with a Special pay of Rs. 100/- only p.m. on or after WBS(ROPA) Rules, 1981, in conformity with the recommendations of the Second Pay Commission (1977-80). But it is unfortunate that only Inspectors of Factories were not allowed the benefit of scale No. 18, while the recommendations of the Second Pay Commission were given effect to in respect of the Boiler Inspectors and the Electricity Inspectors (Power Wing) and the Inspectors of the two Directorates are enjoying the benefit of scale No. 18 w.e.f. 1.4.81. 34. In the light of the aforesaid fact it was considered that the Finance Department should be moved once again requesting them to reconsider/review the matter and to agree to their proposal for allowing the benefit of scale to the Inspectors of Factories. The said proposal was made by the Chief Inspector of Factories. In approving the said proposal the Labour Department observed that with a view to improving the atmosphere and efficiency of Factories, Directorate and in conformity with the recommendations of the Second Pay Commission, the Finance Department should agree to the proposal for allowing the benefit of scale No. 18 (Rs.1,100-1,900/-) to the Inspectors of the Labour Directorate. The Secretary Labour Department also felt that bright candidates could not be attracted unless good scale of pay was allowed. If the pay-scale is lowered than that of Inspector of Boilers and Electrical Inspectors no one would come to the post of Factory Inspectors. The Labour Secretary recommended that the Finance Department should reconsider the case. This was also approved by the Labour Minister on 19th April, 1984. Ultimately the said proposal was also rejected without giving any reasons therefor. 35. The Labour Secretary recommended that the Finance Department should reconsider the case. This was also approved by the Labour Minister on 19th April, 1984. Ultimately the said proposal was also rejected without giving any reasons therefor. 35. In the Affidavit-in-opposition and in the written argument the points which have been taken are based on the notes of dissents of the Ministry of Finance as mentioned hereinabove. The contention that if the Inspectors of Factories are allowed the higher scale then flood-gate would be opened and other Engineers would demand the same scale of pay have no basis at all. This fact would be clear from the fresh proposals which were made by the concerned department. The case of the petitioner is that Pay Commission's recommendation was not implemented so far as the petitioners are concerned although such recommendation was implemented in so far as other two categories of Inspectors are concerned. The Assistant Engineers of the Engineering Directorate were not granted nor did they demand the higher scale which were granted to the Boiler Inspectors and Electrical Inspectors (Power Wing). The special allowance and the administrative allowance which were granted to the Assistant Engineers and the Executive Engineers were not granted to the Inspectors of Factories. It will be evident from the facts which have been mentioned hereinabove that the Labour Department persisted in wanted that the Inspector of Factories should be allowed the same Pay-scale that of the Boiler Inspectors and the Electrical Inspectors. 36. The only contention raised by the respondents is that if the Inspector of Factories is allowed the scale of Rs. 1,100-1,900/- the Assistant Engineers of the Engineering Department who have the flame recruitment qualification with those of the Inspector of Factories would demand the same pay-scale. This stand is hypothetical, illegal and irrational. The question is whether the three categories of Inspectors would get the same scale of pay or not. Whether any other officer could claim this benefit or not is not a relevant consideration at all. The affidavit only echo us the views of the Finance Department. Surprisingly in the Affidavit-in-opposition filed by Santosh Kumar Dutta, the Labour Department has supported what the Finance Department has said. Whether any other officer could claim this benefit or not is not a relevant consideration at all. The affidavit only echo us the views of the Finance Department. Surprisingly in the Affidavit-in-opposition filed by Santosh Kumar Dutta, the Labour Department has supported what the Finance Department has said. On the contrary, in his own note in 1984, the deponent himself recommended that with a view to improving the atmosphere and efficiency of the Factories Directorate and in conformity with the recommendation of the Second Pay Commission the benefit of scale Rs. 1,100-1,900/- should be given to the Inspector of Factories. The Finance Department did not consider the recommendations of the Labour Department in the proper perspective. The Labour Minister recommended and approved the proposal made before the Pay Commission as well as the proposals made after the report of the Pay Commission was received. It is significant when the proposal was submitted by the Labour Department before the Pay Commission for upgrading the pay-scale of the Inspector of Factories it was done with the concurrence of the Finance Department. No objection was raise as regards the pay-scale recommended by the Labour Department for the Inspectors of Factories. But after the Pay Commission submitted its report, partial implementation was made and the petitioners were left out of consideration. The affidavit has not disclosed the reasons nor the files show any indication for such action. Furthermore, the Respondent Nos. 1 & 2 accepted partial recommendation of the Second Pay Commission in respect of the Chief Inspector of Factories and Deputy Chief Inspectors of Factories. From 1950 to 1970, the Inspectors of Factories enjoyed the same pay-scale but before 1931 to 1950 the Inspector of Factories enjoyed a higher pay-scale than that of the Inspector of Boilers and Electrical Inspectors. The refusal in this case to accord the scale only to the petitioners is arbitrary and there is no rational basis for such discrimination. It is now well-settled that the Government should not pick and choose the persons for implementing the recommendations of the Pay Commission. It demonstrates the arbitrariness and arbitrariness negatives the principle of equality. This principle is borne out by several decisions of the Supreme Court. 37. It is now well-settled that the Government should not pick and choose the persons for implementing the recommendations of the Pay Commission. It demonstrates the arbitrariness and arbitrariness negatives the principle of equality. This principle is borne out by several decisions of the Supreme Court. 37. In the case of (1) Avinder Singh v. State of Punjab reported in 1979(1) SCC 137 the Supreme Court observed : "Arbitrariness must be excluded in the law, for, if power is arbitrary it is potential inequality and Article 14 is fatally allergic to inequality before the law." 38. In the case of (2) Purshottam Lal v. Union of India reported in 1973(1) SCC 651 the Supreme Court was Considering the discrimination in implementing the report of the Second Pay Commission. The Supreme Court negatived the contention of the Government that it was for the Government to accept the recommendations of the Pay Commission and while doing so to determine which categories of employees should be taken to have been included in the terms of reference. The Supreme Court observed :- "Either the Government has made reference in respect of all Government employees or it has not. But if it has made a reference in respect of all Government employees and it accepts the recommendations it is bound to implement the recommendations in respect of all Government employees. It is does not implement the report regarding some employees only it commits a breach of Articles 14 and 16 of the Constitution. This is what the Government has done as far as these petitioners are concerned." 39. In the case of (3) Ramana Dayaram Shefty v. The International Airport Authority of India and Others reported in AIR 1979 SC 1628 the Supreme Court held that "it must, therefore, be taken to be the law that where the Government is dealing with the public, whether by way of giving jobs or entering into contracts or issuing quotas or licences or granting other forms of largess, the Government cannot act arbitrarily at its sweet will and like a private individual, deal with any person it pleases, but its action must be in conformity with standard or norm which is not arbitrary, irrational or irrelevant. The power or discretion of the Government in the matter of grant of largess including award of jobs, Contracts quotas, licences etc., must be confined and structured by rational, relevant and non-discriminatory standard or norm and if the Government departs from such standard or norm in any particular case or cases, the action of the Government would be liable to be by the Government that the departure was not arbitrary, but was based on some valid principle which in itself was not Irrational, unreasonable or discriminatory" . 40. In the case of (4) Messrs Kasturi Lal Lakshmi Reddy v. The State of Jammu & Kashmir and Another reported in AIR 1980 SC 1992 the Supreme Court held that "the Constitutional power conferred on the Government cannot be exercised by it arbitrarily or capriciously or in an unprincipled manner, it has to be exercised for the public good. Every activity of the Government has a public element in it and it must, therefore, be informed with reason and guided by public interest. Every action taken by the Government must be in public interest, the Government cannot act arbitrarily and without reason and if it does, its action would be liable to be invalidated. If the Government awards a contract or leases out or otherwise deals with its property or grants any other largess, it would be liable to be tested for its validity on the souch-stone of reasonableness and public interest and if it fails to satisfy either test, it would be unconstitutional and invalid". 41. It has been contended that the Government has not acted in good faith in not accepting the Pay Commission's Report as regards the pay-scale of the Inspector of Factories. This contention is without substance. Refusal to accept the recommendation of the Pay Commission in respect of the Inspectors of Factories demonstrates arbitrariness and consideration of extraneous factors. As indicated earlier the Labour Department thrice recommended the case of the petitioners. It was realised that the grievance of the petitioners is well-founded even then such recommendations have not been accepted. No valid reasons have been shown for refusing to accord the benefits of pay-scale No. 18 to the Inspector, of Factories. Mere statement that the Inspector of Factories and Inspector of Boilers perform different job cannot be a ground for withholding the benefits to the petitioners. No valid reasons have been shown for refusing to accord the benefits of pay-scale No. 18 to the Inspector, of Factories. Mere statement that the Inspector of Factories and Inspector of Boilers perform different job cannot be a ground for withholding the benefits to the petitioners. The Supreme Court in the case of (5) Maneka Gandhi v. Union of India reported iii 1978 SC 597 has held that the principle of reasonableness which legally as well as philosophically is an essential element of equality or non-arbitrariness pervades Article 14 like a brooding omni presence. In this case the refusal to give the benefits of the said pay-scale to the petitioners has not answered the test of reasonableness. As the Supreme Court held that the action of the respondents must be right, just, fair and not arbitrary, fanciful or oppressive. The action of the Finance Department in refusing to accord the benefits of the pay-scale of Rs. 1,100-1,900/- not only amounts to an affront against another limb of the Government namely Labour Department but also works out extreme prejudice, economic hazards and injustice to the Inspector of Factories. Such arbitrary action cannot be sustained. 42. In the background of the facts and circumstances of this case, I am of the view that the petitioners are entitled to the pay-scale of Rs. 1,100-1,900/- as proposed by the Labour Department with the concurrence of the Finance Department and recommended by the Second Pay Commission. The recommendation of the Pay .Commission has been accepted by the Government in respect of all categories in the West Bengal Factories Service excepting the Inspectors of Factories. Furthermore, when the Government have accepted the recommendation of the Pay Commission in respect of identical categories in the Boiler Directorate and Electricity Directorate (Power Wing), rejection of the same in respect of the Inspectors of Factories alone is wholly Arbitrary. By accepting partial recommendation in respect of Deputy Chief Inspector of Factories and granting them the scale of pay of Rs. 1,100-1,900/- and a special pay of Rs. 100/- the respondents discriminated against the Inspectors of Factories. The petitioners do not belong to the West Bengal Engineering Services to which the Asstt. Engineers belong. The petitioners belong to the West Bengal Factories Service. By no stretch of imagination the duties and responsibilities' of the petitioners can be equated with that of the Asstt. 100/- the respondents discriminated against the Inspectors of Factories. The petitioners do not belong to the West Bengal Engineering Services to which the Asstt. Engineers belong. The petitioners belong to the West Bengal Factories Service. By no stretch of imagination the duties and responsibilities' of the petitioners can be equated with that of the Asstt. Engineers in the West Bengal Service of Engineers. The Pay Commission have not recommended scale No. 18 for the Asstt. Engineers in the West Bengal Service of Engineers. As such apprehension of repercussion on the Engineering Service is misconceived. It is also unfair that a justified claim should be rejected for fair of imaginary repercussion. Prior to the implementation of the West Bengal Service (Revision of pay & Allowances) Rules, 1950, Inspectors of Factories enjoyed higher scale than that of the Inspectors of Boilers from 1931 to 1950. Thereafter, both Inspectors of Factories and Inspectors of Boilers enjoyed the scale of pay till 1975. Although for over 25 years, the Inspectors of both Directorates enjoyed the same pay-scale, for untold reasons, in 1975 the Government enhanced the pay-scale of the Inspectors of Boilers from Rs. 475-1,150/- to Rs. 575-1,475/-. It is also stange that the same Finance Department who suggested forwarding of the upgradation proposal to the Second Pay Commission for consideration is now refusing to grant the scale of Rs. 1,100-1,900/- recommended by the Second Pay Commission for the Inspectors of Factories on the ground that they were at a lower scale prior to 1.4.1981 i.e., the date on which the Government implemented the recommendation of the Pay Commission. If the Inspectors of Factories were enjoying a lower scale prior to 1.4.1981, it was because the Finance Department approved the upgrading of the pay-scale of the Boiler Inspectors in 1975. The Government in such a case cannot take advantage of the state of things which the Government itself produced. The wrong done to the Inspector of Factories was realised by the Labour Department who fought for them and ultimately the Second Pay Commission recommended the same scale for all categories of Inspectors. When the recommendation of the Second Pay Commission was not implemented in respect of Inspector of Factories the then Labour Minister once again requested the then Minister-in-Charge, Finance Department to revise their pay-scale to Rs. 1,100-1,900/-. When the recommendation of the Second Pay Commission was not implemented in respect of Inspector of Factories the then Labour Minister once again requested the then Minister-in-Charge, Finance Department to revise their pay-scale to Rs. 1,100-1,900/-. Strangely enough the Secretary of the Finance Department was "reluctant to recommend revision of pay-scale in consideration of repercussion that may follow". Again in 1985 the Labour Minister requested the Finance Department to reconsider the case but the Finance Department without assigning any reason rejected the proposal. It is the Finance Department which stood in the way of their getting the scale of pay they deserve. 43. For the reasons aforesaid, this application succeeds. The Rule is made absolute. The respondents are directed to implement the recommendations of the Pay Commission in so far as the Inspectors of Factories are concerned within 8 weeks from date of communication of this order. The petitioners shall be entitled to the benefit from the date the benefit was awarded to the Inspectors of Boilers and Electrical Inspectors. All the arrears of pay and allowances in terms of this order shall be paid to the petitioners within three months from the date of communication of this order. 44. This Judgment will also govern C. R. No. 567 (W) of 1984. Let a plain copy of this Judgment countersigned by an officer of this Court be handedover to the learned Advocate for the petitioner upon the undertaking to put in requisition for Certified copy of the order and to put in requisite folios and stamps.