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Jul 11 2003

Air India CabIn Crew Association Vs. Yeshawinee Merchant and ors.

Court : Supreme Court of India

Decided on : Jul-11-2003

Subject : ServiceConstitution

Acts : Constitution of India - Articles 14, 15, 15(1), 16, 16(2), 51A, 77 and 226; Equal Remuneration Act, 1976 - Sections 2, 4, 5, 15 and 16; Air Corporations Act, 1953 - Sections 34, 34(1) and 45(2); Air Corporations Regulations - Regulation 46(1); Income Tax Act - Sections 89 and 192(2A); Air Corporation (Amendment) Act, 1994; Industrial Employment (Standing Order) Act, 1946; Industrial Disputes Act - Sections 10

Reported in : AIR2004SC187; 2003(4)ALD97(SC); 2003(4)ALLMR(SC)364; JT2003(5)SC413; (2003)IIILLJ1SC; 2003(5)SCALE208; (2003)6SCC277; 2003(2)LC1358(SC); (2003)2UPLBEC1852

violative of Articles 14, 15 & 16 of the Constitution of India as also Section 5 of the Equal Remuneration Act, 1976 (for short the ER Act) and contrary to the mandatory directions issued by the Central Government under Section

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Aug 20 2001

Yeshaswinee Merchant and ors. Vs. Air India Ltd. and ors. Overruled

Court : Mumbai

Decided on : Aug-20-2001

Subject : ServiceConstitution

Acts : Air Corporations Act, 1953 - Sections 34; Constitution of India - Articles 14 and 16; The Equal Remuneration Act, 1976 - Sections 5

Reported in : 2002(1)MhLj701

needs to be rectified. We will take steps',19. At this stage we may refer to the provisions of Equal Remuneration Act, 1976 (for short ERA) which is enacted to prohibit discrimination in conditions of service that makes any discrimination between … in conditions of service that makes any discrimination between men and women for the same or similar work. Section 5 of the ERA reads as under :--'5. No discrimination to be made while recruiting men and women workers.

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May 11 1982

People's Union for Democratic Rights and Ors. Vs. Union of India (UOi) ...

Court : Supreme Court of India

Decided on : May-11-1982

Subject : Labour and Industrial

Acts : Contract Labour (Regulation and Abolition) Act, 1970 - Sections 21; Minimum Wages Act, 1948 - Sections 12; Equal Remuneration Act, 1976 - Sections 4 and 5; Employment of Children Act, 1938 - Sections 3; Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 - Sections 13 to 17

Reported in : AIR1982SC1473b; 1982(30)BLJR401; [1982(45)FLR140]; 1982(1)SCALE817; (1982)2SCC494; 1982(14)LC553(SC)

(Regulation and Abolition) Act 1970, Section 12 of the Minimum Wages Act, Sections 4 and 5 of the Equal Remuneration Act 1976, Section 3 of the Employment of Children Act 1938 and Sections 13 to 17 of the Inter-state Migrant Workmen

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Aug 21 1987

Koshy and Thomas Vs. State

Court : Karnataka

Decided on : Aug-21-1987

Subject : Labour and IndustrialCriminal

Acts : Equal Remuneration Act, 1976 - Sections 2; Contract Act, 1872 - Sections 128

Reported in : ILR1987KAR3814

are A-1 and A-2 respectively in the trial Court.The Labour Enforcement Officer (Central), Bangalore, and Inspector under the Equal Remuneration Act, 1976, has lodged a complaint against Petitioners Nos. I and 2 under Section 10(1)(a) of the Equal Remuneration Act, … such a discretion is not given to a Single Judge who deals with a Regular First Appeal under Section 5 of the Act. Hence, Reference is bad in law. - 1 and 2 had failed to maintain the

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Aug 28 1981

Air India Vs. Nergesh Meerza and ors.

Court : Supreme Court of India

Decided on : Aug-28-1981

Subject : ServiceConstitution

Acts : Constitution of India - Articles 14, 15(1), 16, 16(2) and 19; Equal Remuneration Act, 1976 - Sections 4 and 16; Industrial Disputes Act, 1947 - Sections 18 and 19; Air Corporations Act, 1953 - Sections 45(2); Indian Airlines Corporation Regulations - Regulation 12

Reported in : AIR1981SC1829; 1981LabIC1313; (1981)IILLJ314SC; 1981(3)SCALE1275; (1981)4SCC335; [1982]1SCR438; 1981(2)SLJ349(SC)

Meerza and Ors. as 'petitioners'. (5) Declaration by the Central Government under Equal Remuneration Act as 'Declaration' and Equal Remuneration Act 1976 as '1976 Act'. (6) Air Corporation Act of 1953 as '1953 Act.'(7) Justice Khosla Award as 'Khosla Award' … acquire and hold property. Section 4 of the 1953 Act provides for the Constitution of the Corporations and Section 5 deals with the conditions of service of the Chairman and other Directors of the Corporations. Section 7 defines

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Jan 20 1997

irene Fernandes Vs. Neo Pharma (Pvt.) Ltd.

Court : Mumbai

Decided on : Jan-20-1997

Subject : Labour and Industrial

Reported in : (1997)99BOMLR633

she was being paid only Rs. 700/- p.m.. The petitioner therefore filed claim under Section 7(1)(b) of the Equal Remuneration Act, 1976 claiming payment at the same rate at which her male counterpart i.e. Vithal Shetty was paid.3. The Assistant … duty to pay equal remuneration to men and women workers for same work or work of similar nature. Section 5 inject the employer from making any discrimination against women while making recruitment for the same work or work

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Sep 18 1982

People's Union for Democratic Rights and Ors. Vs. Union of India (UOi) ...

Court : Supreme Court of India

Decided on : Sep-18-1982

Subject : Constitution

Acts : Constitution of India - Articles 14, 17, 21, 23, 24 and 32; Employment of Children Act, 1938 - Sections 3(3); Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 - Sections 13 to 19; Contract Labour (Regulation and Abolition) Act, 1970 - Sections 20 and 21; Minimum Wages Act, 1948; Labour Law; Equal Remuneration Act, 1946; Equal Remuneration (Amendment) Act, 1976 - Sections 4

Reported in : AIR1982SC1473; 1982(0)BLJR401; (1982)IILLJ454SC; 1982(1)SCALE818; (1982)3SCC235; [1983]1SCR456; 1982(14)LC657(SC)

of Rs. 9.25 per day. The petitioners also alleged in the writ petition that the provisions of the Equal Remuneration Act, 1976 were violated and women workers were being paid only Rs. 7/- per day and the balance of the … faith in the existing social and economic system. What civil and political rights are these poor and deprived sections of humanity going to enforce This was brought out forcibly by W. Paul Gormseley at the Silver Jubilee … type of construction work. That would be in consonance with Convention No. 59 adopted by the International Labour Organisation and ratified by India. But apart

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Dec 08 2000

Vasantha R. Vs. Union of India (Uoi) and ors.

Court : Chennai

Decided on : Dec-08-2000

Subject : Labour and Industrial

Acts : Factories Act, 1948 - Sections 66(1); Constitution of India - Articles 14, 15(1) and 19(1)

Reported in : (2001)IILLJ843Mad

a most far reaching and the said enactment has major potential than any other statute.94. The implementation of Equal Remuneration Act, 1976 would mean elimination of all discriminations on grounds of sex with regard to all aspects of conditions of … Section 4 of the Act provide for payment of remuneration at equal rates to men and women workers. Section 5 directs that no discrimination shall be made while recruiting men and women. Section 10 of the said Act

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Aug 23 1996

Sita Devi and Others Etc. Etc. Vs. State of Haryana and Others

Court : Supreme Court of India

Decided on : Aug-23-1996

Subject : Service

Acts : Constitution of India - Articles 14 and 32; Equal Remuneration Act, 1976 - Sections 2

Reported in : AIR1996SC2764; [1996(74)FLR2386]; JT1996(7)SC438; (1996)IILLJ817SC; 1996(6)SCALE151; (1996)10SCC1; [1996]Supp5SCR173; 1996(2)LC513(SC); (1997)1UPLBEC567

after referring to the definition of 'same work or work of a similar nature' in Section 2(h) of Equal Remuneration Act 1976, that :the stress is upon the similarity of skill, effort and responsibility when performed under similar conditions. Further, … ORDERB.P. Jeevan Reddy, J.1. Writ Petition (C) No. 584 of 19892. In this writ petition filed under Article 32 of the Constitution of India, three reliefs are

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Nov 17 2011

Air India CabIn Crew Assn. and ors. Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Nov-17-2011

Subject : Constitution

Acts : Air Corporation (Transfer of Undertakings and Repeal) Act, 1994 - Section 8, 3, 9; Constitution Of India - Articles 14, 19, 21, 15, 16 ; Air Corporations Act, 1953. - Section 6; Air India Employees

Reported in : 2012(1)KLT3(SN); 2012(1)SCC619; AIR2011SCW6666; 2012(3)SCJ222

which was violative of Articles 14, 15 and 16 of the Constitution, as also Section 5 of the Equal Remuneration Act, 1976. It was further held that the two cadres of male and female Cabin Crew members came to be

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