Equal Pay for Equal Work and Judicial Pronouncements
The concept for Equal
Pay for Equal Work was formally formulated by the ILO's (International Labor
Organisation) International Remuneration Convention in 1951.
it stated that:
"Each member by
means appropriate to the method in operation for determining
rates of remuneration, promote and in so far a sis consistent with such
methods ensure application to all workers of principle of equal
remuneration for men and women workers of equal value"
India is bound to foster International Laws to which India is a
signatory to. And India is a signatory to the United Nation’s ILO.
The Supreme Court of India first declares this concept incapable of
being in force in the court of law in the case of Kishore Mohan Lal
Bakshi v UOI, 1962. But later in Randhir Singh v UOI, 1982
SC made the concept of Equal Pay for Equal Work enforceable under article 14,16
and 39(d) of the Constitution.
Frank Anthony Public
School Employees Association v UOI, 1986. The SC declared section 12 of
the Delhi School Education Act invalid as it was violative of Article 14. The
court held that the teachers of the aided schools and non-aided minority
schools will be provided with an equal salary.
Jagjit Singh v State of Punjab 2017, the SC held that
the concept will be held valid upon the daily wagers, contractual employees and
casual workers as well who perform the same duty. Further, the court held that
in the Welfare State this concept should be applied to the temporary employees
also.- Jts. JS Kehar and A. Bobde. If this right is denied to the workers then
t will be oppressive, suppressive and coercive in nature against the
victims.
Exceptions to this concept:
FAIC & CES v UOI, 1988, where the SC held that the difference in
degrees can be a factor as not only volume, but nature of work is also an important
point for consideration the wages.
Mewa Ram v AIIMS, 1989, the SC held that the difference in salaries
can be given to perform with different qualification. Therefore, the salary of
a radiologist and a hearing therapist were different as in the case was.
Association Bank Officers Association v State Bank of India, 1998. The SC held
that the officers of SBI are not in a comparable position to that of the
officers in the SBI’s subsidiary branch. Considering the responsibly an officer
is obliged to there can be a difference in salaries.
In Bollywood Industry there is a big grey area in the salaries provided
to the actor and actress. Which needs to be changed and just gender cannot be criteria
for the difference in salary.
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