Equal Pay For Equal Work - Definition - Law Dictionary Home Dictionary Definition equal-pay-for-equal-work

Definition :

Equal pay for equal work, it does not mean that all the members of a cadre must receive the same pay packet irrespective of their seniority, source of recruitment, educational qualifications and various other incidents of service, State of Andhra Pradesh v. G. Sreenivasa Rao, (1989) 2 SCC 290.

Article 39(d) of the Constitution proclaims 'equal pay for equal work for both men and women' as a Directive Principle of State Policy. Equal pay for equal work for both men and women means equal pay for equal work for everyone and as between the sexes. The Preamble to the Constitution declares the solemn resolution of the people of India to constitute India into a Sovereign Socialist Democratic Republic. Again the word 'Socialist' must mean some thing. Even if it does not mean to each according to his need it must at least mean 'equal pay for equal work'.'The principle of equal pay for equal work is expressly recognized by all socialist systems of law, e.g., s. 59 of the Hungarian Labour Code, Para 2 of s. 111 of the Czechoslovak Code, s. 67 of the Bulgarian Code, s. 40 of the Code of the German Democratic Republic, para 2 of s. 33 of the Rumanian Code. Indeed this principle has been incorporated in several western Labour Codes too. Under provisions in s. 31 (g. No. 2d) of Book I of the French Code du Travail, and according to Argentinian law, this principle must be applied to female workers in all collective bargaining agreements. In accordance with s. 3 of the Grundgesetz of the German Federal Republic, and Clause 7, s. 1243 of the Mexican Constitution, the principle is given universal significance' (vide International Labour Law by Istvan Szaszy p. 265). The Preamble to the Constitution of the Interna-tional Labour Organisation recognises the prin-ciple of equal remuneration for work of equal value as constituting one of the means of achieving the improvement of conditions 'involving such in-justice, hardship and privation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled'. The principle equal pay for equal work is deducible from Articles 14 and 16 and may be properly applied to cases of unequal scales of pay based on no classification or irrational classification though those drawing the different scales of pay do identical work under the same employer, Randhir Singh v. Union of India, (1982) 1 SCC 618: AIR 1982 SC 879: (1982) 3 SCR 298.

Though 'equal pay for equal work' is considered to be a concomitant of Article 14 as much as 'equal pay for unequal work' will also be a negation of that right, equal pay would depend upon not only the nature or the volume of work, but also on the qualitative difference as regards reliability and responsibility as well though the functions may be the same, but the responsibilities do make a real and substantial difference, State of Orissa v. Balaram Sahu, AIR 2003 SC 33 (37): (2003) 1 SCC 250. (Constitution of India, Art. 14)