TOPIC :EQUAL PAY FOR EQUAL WORK UNDER THE EQUAL REMUNERATION ACT SUBJECT : LABOUR LAW-I
SUBMIT TO:
Dr. S.C ROY
Associate professor (law)
1|Page
SUBMIT BY:
NEERAJ PRASAD ROLL NO-758
contents page no
ACKNOWLEDGEMENT………………………………………………..II I INTRODUCTION…… ……………………………………………….IV-VI
AIM AND OBJECTIVE METHODOLOGY SOURCES OF DATA
CHAPTERS
1-CONSTITTUTIONAL PERSPECTIVE…………………….… PERSPECTIVE…………………….………………7 ……………7-12
CASES TO UNDERSTAND EQUAL PAY FOR EQUAL WORK
2- LEGISLATIVE PERSPECTIVE……………………………………13-14 3- PAYMENT OF REMUNERATION AT EQUAL RATES TO MEN M EN AND WOMEN WORKER AND OTHER MATTER…………………………………………. .15-18 Conclusion……………………………………………………….………… 19
Bibliography………………………………………………….……………..20
2|Page
ACKNOWLEDGEMENT
I would like to express my special thank of gratitude to my teacher Dr. S.C. Roy associate professor (law) of CHANAKYA NATIONAL LAW UNIVERSITY, PATNA . Who gave me the golden opportunity to do this wonderful project on the topic “ The falling of the sex ratio and it impact on marriage ” .Which helped me in doing lot of research and I came to know about so many new things .I am really thankful to them . last but not least I wish to avail myself of this opportunity , express a sense of gratitude and love to my friends and my beloved parents for their manual support, strength , help and for everything. I am making this project not only for marks but to also increase my knowledge.
THANKS AGAIN TO ALL WHO HELPED ME
--
NEERAJ PRASAD
3|Page
INTRODUCTION The topic of our project is Equal Pay for Equal Work-Constitutional and Labour legislation perspective .In our project we have tried to understand the concept of equal pay and work from the constitutional perspective and understanding the roots of the concept from the constitution, understanding how the concept emerged from the fundamental rights and thereon trying to understand the inclusion of the concept in various acts, eg Equal Remuneration Act, Contract Labour, Factories Act etc. The preamble of the Constitution of India is an introduction to the Constitution and lays down in brief the aims and objectives of the policy framers of the Union of India. It enunciates those socio-economic goals and ends which are to be achieved by the Indian Constitution. These goals are multitudinous in nature and secure for the citizens of India (in some cases for foreigners as well) a variety of rights and ensure justice, liberty, equality, and fraternity to all. Part IV of the Constitution lays down the Directive Principle of State Policy. This novel feature, envisaged by our Constitution, was borrowed from the Constitution of Ireland, which itself had borrowed it from the Spanish Constitution. These Directive Principles lay down the basic aims and objectives of the States, to be followed in the governance of the country. They are more or less the guidelines, directing the government as to what is to be kept in contemplation while framing the policies. They can also be termed as a distinct set of moral duties, to be implemented by the state, while giving shape to legislations and provisions of the State .In other words Directive Principles act as a device for making the Government conform to the ideals, which the Constitution lays, for the attainment of democracy in its true sense i.e .political as well as economic. This can be done only when the Government complies with these stated objectives and makes an attempt to make India welfare state in real as well as practical terms. They are however non-justifiable rights on the people, which set out the economic ,social and political goals of the Indian Constitutional system, and place the government under a moral obligation to achieve and maximize social welfare and basic social values like education, employment, health etc .The reason for their non-enforce ability is that they impose a positive obligation upon the state and it is while taking actions for implementing these obligations that there arise several limitations to the Government, one such constraint being the availability of resources. The purpose for enunciating
4|Page
the extent of enforceability of directive principles of state policy is of relevance in the present topic because the concept of equality of pay i.e. “equal pay for equal work” being a part of these Directive Principles is to hold the same fate as other Directive Principles. However, the Courts in India and the Supreme Court in particular have constantly and consistently regarded the principle of equal pay for equal work as a constitutional goal ,much higher than being a mere Directive Principle, and have subsequently enforced it in-tandem with the fundamental rights, enshrined under Right to Equality (Art. 14-18).The primary purpose of this research project is to study the various interpretations which have been made by the Supreme Court while adjudicating the cases, involving the concept of Equal pay for Equal work as enshrined in Article 39(d) of the Constitution. The topic is of great relevance on the contemporary world as it is being felt that considering and stating that all men are equal is not enough but a concrete step or rather a series of steps need to be taken to bring the concept of classless society into existence and the applicability of the concept of equal pay for equal work is one of such steps, taken to wipe out any scope of unreasonable discrimination as which may occur or may be followed in any form of society when it comes to payment of remuneration. This research project is an attempt to grasp the various interpretations the concept holds and the different analogies, which can be formed to save the people from the clutches of irrational discrimination. An equal pay legislation such as the Equal Remuneration Act in India, seeks to determine wages on the basis of a politically motivating or social justice related factor, in this case ,gender. The mutual incompatibility of the two sets of factors is obvious. While the first set might generate an efficient labour force, the second set has absolutely no relation to productivity, and hence cannot work towards an efficient labour force .If a firm overpays, it would eventually have to close down since it would run out of money. At the same time, if a firm underpays, it is would still not be a profit yielding practice since it would lose employees to competitors. To add to it, it would suffer from over optimal quit-rates, and have to invest additionally in hiring, firing, and other training expenses. While clearly, the search for profit would cause some entrepreneurs to set aside their taste for discrimination, it is nevertheless true that others would be willing to incur the cost. These employers would then be paying the price of discrimination in the form of decreased profits. 5|Page
M ethodology of data
For the purpose of research the research er will be relying on the “ Doctrinal method” ” to look for information related to the
topic equal pay for equal work under equal
remuneration act 1976”.
Sources of data
For the purpose of research the researcher will be relying on the primary and secondary sources ” to look for information related to the topic “equal pay for equal work under equal remuneration act 1976”.
AI M AND OBJCTIVE
The main objective to understand about the equal pay for equal work and project we have tried to understand the concept of equal pay and work from the constitutional perspective and understanding the roots of the concept from the constitution, understanding how the concept emerged from the fundamental rights and thereon trying to understand the inclusion of the concept in various acts
.
6|Page
CONSTI TUI ONAL PERSPECTI VE It can be seen that considering and stating that all men are equal is not enough but a concrete step or rather a series of steps need to be taken to bring the concept of classless society into existence and the applicability of the concept of equal pay for equal work is one of such steps, taken to wipe out any scope of unreasonable discrimination as which may occur or maybe followed in any form of society when it comes to payment of remuneration. The concept of Equality of pay was incorporated under the Directive Principles of State Policy by the framers of the Constitution so as to follow the principles of Equality and make India a welfare State i.e. a country aimed at creating an egalitarian society. However the application of the concept of Equality of pay was restricted only up to the discrimination on basis of gender and sex as under the principle laid down under Article 39which states as follows; The State shall, in particular, direct its policy towards securing that there is equal pa y for equal work for both men and women. Thus the framers of the Constitution incorporated this provision to wipe out any discrimination made against women or men in regards to the terms of pay. However, going strictly according to the provision, it nowhere states that this concept of equality of pay is to be followed even in terms of employment as of between man and man or woman and woman i.e. it does not grant a right that man must be paid equally among themselves and woman among themselves if they perform the same kind of work. The aforesaid provision also does not state any distinction between the capacity of these men and women and that has to be constructed by the Courts themselves. Thus it is clear that while framers of the Constitution incorporated this provision, they only kept in contemplation that there should not be any discrimination in terms of pay on grounds of sex or gender of the person.It has to be stated here that though it is the primary task of the employer not to discriminate on the basis of sex, the Constitution does not provide for any classification that the employer can make such as on the basis of qualification and level of skill of the employee i.e. if the workers perform the same task, they have to be treated equally without any discrimination thereof. Article 14 of the Indian Constitution explains the concept of Equality before law. The 7|Page
concept of equality does not mean absolute equality among human beings which is physically not possible to achieve. It is a concept implying absence of any special privilege by reason of birth, creed or the like in favour of any individual, and also the equal subject of all individuals and classes to the ordinary law of the land. As Dr. Jennings puts it: "Equality before the law means that among equals the law should be equal and should be equally administered, that like should be treated alike. It only means that all persons similarly circumstance shall be treated alike both in the privileges conferred and liabilities imposed by the laws. Equal law should be applied to all in the same situation, and there should be no discrimination between one person and another. As regards the subject-matter of the legislation their position is the same. Thus, the rule is that the like should be treated alike and not that unlike should be treated alike.
CASES TO UNDERSTAND THE CONSTITUTIONAL PERSPECTIVE 1
1. Randhir Singh v. Union of I ndia In this case, the petitioner was a Driver-Constable in the Delhi Police Force under Delhi Administration who claimed that his scale of pay should be the same as the scale of pay of other drivers in the service of the Delhi Administration as he discharged the same duties as the rest of the drivers in the other offices. He stated that there was no reason whatsoever to discriminate against the petitioner and other driver-constables merely because he and his ilk were described as constables belonging to the Police Force instead of ordinary drivers, who had a greater pay scale. In this landmark case the court conceded that, though the equation of posts and equations of pay were matters primarily for the Executive Government and expert bodies like the Pay Commission and not for Courts to decide but persons holding identical posts were not to be treated differentially in the matters of pay merely because they belonged to different departments. It was this case in which the Court held for the first time that though the principle of equal pay for equal work was not expressly declared by the Constitution to be a fundamental right, it was certainly a constitutional Goal. The Court also first time contemplated the fact that the doctrine proclaiming „Equal pay for equal work‟ for both men and women meant „Equal pay for equal work‟ or everyone as and between sexes. The Court extended the purview of the doctrine under Right of Equality and stated that Art.14of the
1
1982 L.L.J. 344
8|Page
Constitution enjoined the State not to deny any person equality before the law or the equal protection of the laws and simultaneously Art. 16 declared that there shall be equality of opportunity for all citizens .In matters relating to employment or appointment to any office under the State and it was in this context that the doctrine of equal pay for equal work was to be adjudged. .2. Dhar wad Di str ict PWD L iterate Dail y Wages Empl oyees Association v. State of Kar nataka 2
This case was brought before the Supreme Court through a series of writ petitions asking for
quashing a notification of the government of Karnataka and for issuing directions to Government to confirm the daily rated and monthly rated employees as regular government servants and for payment of normal salaries to those workers employed under temporary terms. The petitions were made, pleading that about 50,000 daily-wage workers were employed in the different Government establishments and though many of them had put in 16to 20 years of continuous service, they were not regularized in their service and were not being paid equally, violating the principle of equal pay for equal work as mandated by the Court. The petitions claimed for the pay of such workmen at the rates equivalent to the minimum pay in the pay-scales of the regularly employed workers. The Court laid that the equality clauses of the Constitution under Articles 14 and 16 were to be construed in the light of the Preamble and Article 39(d), and it followed that the principle. Equal pay for equal work was deducible from those Articles and could properly be applied to cases of unequal scales of pay based on the classification or irrational classification. 3. Federati on of A ll I ndia Customs and Centr al E xcise Stenographers v. Un ion Of I ndi a In
this case, a petition for seeking parity in pay scales was filed before the Supreme Court. The petitioners were personal assistants and stenographers attached to the heads of the Customs and Central Excise Departments under the Ministry of Finance. They asserted that they were discriminated vis-à-vis personal assistants and stenographers attached to the joint secretaries and officers above them in the Ministry. They contended that the type of work was the same and in fact they had more work to be done. The Respondents in return emphasized that the difference in the functional requirements of the work done was one of the points for such discrimination. The respondents also stated that while devising the pay-scales of various posts and categories, the 2
(1991) II L.L.J. 318 (SC)
9|Page
degree of skill, experience involved, training required, responsibility taken, strain, fatigue, risk and confidentiality undertaken, mental and physical requirements were factors borne in mind. The Respondent also emphasised that though the duties and works were identical between the petitioners and their counterparts attached to the Secretaries in the Secretariat, their functions were not identical with regard to their duties and responsibilities. The Supreme Court held that „Equal pay for equal work‟ is a fundamental right. But equal pay must depend upon the nature of the work done and it cannot be judged by the mere volume of work. The Courtre-emphasised that equal pay for equal work was a concomitant of Article 14 of the Constitution and it naturally followed that equal pay for unequal work was a negation of that right. The Court also took a great step by laying down that the interpretation of Article39(d) was to be read in the Fundamental Rights, under Articles 14 and 16 of the Constitution. So the principle of equal pay for equal work, though not expressly declared by our Constitution to be a fundamental right, was a constitutional goal. Construing Articles 14 and16 in the light of the Preamble and Article 39(d), the Court laid that the principle of „Equal pay for equal work‟ was deducible from those articles and was to be applied to cases of unequal scales of pay, which were based on no classification or irrational classification .4. Mewa Ram v. A.I.I. Medical Science Supreme Court has held that the doctrine of equal pay for equal work is not an abstract doctrine. Equality must be among equals, un equals cannot claim equality. Even if the duties and functions are of similar nature but if the educational qualifications prescribed for the two posts are different and there is difference in measure of responsibilities, the principle of equal pay for equal work would not apply. Different treatment to persons belonging to the same class is permissible classification on the basis of educational qualifications. 5.In Deena v. Union of India It was held that labor taken from prisoners without paying proper remuneration was "forced labor" and violation of Art. 23 of the Constitution. The prisoners are entitled to payment of reasonable wages for the work taken from them and the Court is under duty to enforce their claim. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State. They are 10 | P a g e
however non-justifiable rights on the people, which set out the economic, social and political goals of the Indian Constitutional system, and place the government under a moral obligation to achieve and maximize social welfare and basic social values like education, employment, health etc. The reason for non-enforceability, as M.P. Jain1 describes, is that they impose a positive obligation upon the state and it is while taking actions for implementing these obligations that there arise several limitations to the Government, one such constraint being the availability of resources. However, the Courts in India and the Supreme Court in particular have constantly and consistently regarded the principle of equal pay for equal work as a constitutional goal, much higher than being a mere Directive Principle, and have subsequently enforced it in-tandem with the fundamental rights, enshrined under Right to Equality (Art. 14-18). Article 39(d)Thus it is clear that while framers of the Constitution incorporated this provision, they only kept in contemplation that there should not be any discrimination in terms of pay on grounds of sex or gender of the person. The Supreme Court continuously and consistently increasing the purview of this doctrine has gone far off to make new interpretations so that any sort of discrimination, unless based on reasonable grounds, does not go un-refuted. The Act does not, also, lay any provision as to whether the qualifications of the employees are to be considered while framing paying packages or not. The only thing which the Act point to is that the employer must not discriminate on the basis of the sex of the worker if both man and woman are doing same or similar kind of work. Persons holding identical posts were not to be treated differentially in the matters of pay merely because they belonged to Different departments. It was this case in which the Court held for the first time that though the principle of equal pay for equal work was not expressly declared by the Constitution to be a fundamental right, it was certainly a constitutional Goal. The Court also first time contemplated the fact that the doctrine proclaiming „Equal pay for equal work‟ for both men and women meant „Equal pay for equal work‟ for everyone as and between sexes. The Court also held that „the classification of persons performing the same work into senior and junior groups with different pay will be a violation of the principle of equal pay for equal work. ‟The apex Court held that the scope of Equal Remuneration Act would be invited when there were any disparities of terms of pay within same levels even if the organisation had financial constraints. The Court laid that the applicability of the Act does not depend upon the financial ability of the management to pay equal remuneration as provided by it. . The Supreme Court gave a landmark decision and stating the various social and material 11 | P a g e
requirements held that in addition to the principle of equal pay for equal work, the pay structure of the employees of the government was also to reflect other social values. The degree of skill, the strain of work, experience involved, training required ,responsibility undertaken, mental and physical requirements, disagreeableness of the task hazards involved etc. were some of the relevant factors which were to be taken into consideration while fixing the pay scales. The method of recruitment, the level at which the recruitment was made in the hierarchy of service or cadre, minimum educational and technical requirements prescribed for the post, were also some of the relevant factors. The paying capacity of the government was also to be taken into consideration. Thus the Court laid the complete rational and logical nexus for determination of pays. The Court held that it could not be said that the doctrine of „Equal pay for equal work‟ was a mere abstract doctrine and that it was not capable of being enforced in a court of law. If the classification is proper and reasonable the doctrine of equal pay for equal work will not have any application even though the persons doing the same work are not getting the same pay. A temporary or casual employee performing the same duties and functions is entitled to the same pay as paid to a permanent employee. Similarly, the difference in mode of selection will not affect the application of the doctrine of "equal pay for equal work" if both the classes of persons perform similar functions and duties under the same employer.
12 | P a g e
LEGISLATIVE PERSPECTIVE Major points of consideration that have come up during our study are: The concept of equality does not mean absolute equality among human beings which is physically not possible to achieve. It is a concept implying absence of any special privilege by reason of birth, creed or the like in favour of any individual, and also the equal subject of all individuals and classes to the ordinary law of the land. Equal law should be applied to all in the same situation, and there should be no discrimination between one person and another. The Supreme Court has held that although the principle of equal pay for equal work is not expressly declared by our Constitution to be a fundamental right, but it is certainly a constitutional goal under Articles 14, 16 and 39 (c) 3
of the Constitution .
it has been held that the principle of equal pay for equal work is also 4
applicable to casual workers employed on daily wage basis . the Supreme Court has held that different pay scales can be fixed for government servants holding same post and performing similar work on the basis of difference in degree of responsibility, reliability and confidentiality, and as such it will not be violative of the principle of equal pay for equal work, implicit in Article 14. The Court said, "Equal pay must depend upon the nature of the work done. It cannot be judged by the mere volume of work. There may be qualitative difference as regards reliability 5
and responsibility. Gender inequities throughout the world are among the most all-pervasive forms of in equality. Gender equality concerns each and every member of the society and forms the very basis of a just society and hence, the issue of „gender justice‟ is of enormous magnitude 3
Randhir Singh v. Union of India Dhirendra Chamoli v. State of U.P 5 F.A.I.C. and C.E.S. v. Union of India 4
13 | P a g e
and of mammoth ramification engulfing an all-embracing and illimitable canvas. In the midnight of August 15, 1947, when India awoke to “life and freedom”, most of its 170 million women .scarcely knew what the „Tryst with Destiny‟ was all about. Victims of poverty, ignorance and oppressive social institutions, they hardly knew their destiny and who controlled it. However, the stalwarts who led India to its independence were aware that if the new India of their dreams was to become a reality and not remain only a figment of imagination, it would need social engineering on a massive scale, in respect of the backward and oppressed sections of the society and above all, its women. It has to be stated here that though it is the primary task of the employer not to discriminate on the basis of sex (as made mandatory by the Supreme Court in recent judgments), the Constitution does not provide for any classification that the employer can make such as on the basis of qualification and level of skill of the employee i.e. if the workers perform the same task, they have to be treated equally without any discrimination thereof. Though the articles peaks only as to discrimination between man and woman, the concept of equal pay for equal work has been applied in generality to all without any hint of gender or class. The Supreme Court continuously and consistently increasing the purview of this doctrine has gone far off to make new interpretations so that any sort of discrimination, unless based on reasonable grounds, does not go un-refuted. The very purpose and nature of the said article has been changed by the apex court and the article which was originally instilled to support woman in there right of equal status is now applied to now employed to nullify any sort of rule and provision which tends to affect the rights of workers to get equal pay if they perform the same kind of work in similar organizations. However the Supreme Court has added a new clause to the article in the way of reasonable nexus of discrimination . This reasonable nexus includes the qualifications of the employees, capacity of the workers and many more. The list is endless and new points of classifications are incorporated in it as and when the Supreme Court says so.In the coming part of the document, we have tried to study the Equal Pay for Equal Work-from the Labour legislation perspective, by studying the different acts1. EQUAL REMUNERATION ACT, 1976For the purpose of incorporating and giving effect to the Constitutional directive of Equal pay for equal work, The Equal Remuneration Act, 1976 was passed. The objects and reasons of the Act states that President of India promulgated The Equal Remuneration Ordinance, 1975on 26th September, 1975 so that the provision of Art. 39(d) was implemented in the year, which was being celebrated as the International Woman‟s Year. The 14 | P a g e
ordinance was brought to effect to provide for payment of Equal Remuneration to both man and woman workers for the same work or work of similar nature and for the prevention of discrimination on grounds of sex
CHAPTER – II PAYMENT OF REMUNERATION AT EQUAL RATES TO MEN AND WOMEN WORKERS AND OTHER MATTERS 4. Du ty of employer to pay equal remun erati on to men and women workers for same work or work of a similar nature. -- (1) No employer shall pay to any worker, employed by him in an
establishment or employment, remuneration, whether payable in cash or in kind, at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex in such establishment or employment for performing the same work o r work of a similar nature.
(2) No employer shall, for the purpose of complying with the provisions of sub-section (1), reduce the rate of remuneration of an y worker.
(3) Where, in an establishment or employment, the rates of remuneration payable before the commencement of this Act for men and women workers for the same work or work of a similar nature are different only on the ground of sex, then the higher (in cases where there are only two rates), or, as the case may be, the highest (in cases where there are only two rates), of such rates shall be the rate at which remuneration shall be payable, on and from such commencement, to such men and women workers: Provided that nothing in this sub-section shall be deemed to entitle a worker to the revision of the rate of remuneration payable to him or her with reference to the service rendered by him or her before the commencement of this Act. In M/s .Mackinnon Mackenzie and Co. ltd. V. Andrey D’costa an another a female confidential stenographer after the termination of her services filed a petition under sub section 1 of section 7 of equal remuneration act 1976 complaining that during period of service she was paid remuneration at lesser rate than those male stenographer who were also performing the same or 15 | P a g e
similar work. It Was held that in order to get relief under section 4 of the act the employee should establish that the remuneration paid by the employer whether payable in cash or kind, is being paid at rates less favorable than those at which remuneration is paid by him to the employee of the opposite sex in such establishment for performing the same work or work of similar nature. Whether the work is similar in nature as another work can be determined on three consideration First the authority should take a broad view as also a broad approach should be adopted in ascertaining whether any difference are of practical nature. Secondly actual duties performed should be looked at and not those theoretically possible. In making comparison the authority should look at the duties generally performed by men women. Thirdly where both men and women work at inconvenient times there is no requirement that all those who work at night shall be paid the same basic rate as those who work during normal day shifts. It was further held that it may be that the management was not employing any male as confidential stenographer attached to the senior Executives in the establishment and that there was no transfer of confidential lady stenographers where male were working. It, however, ought not to make any difference for purpose of application of the act when once it is established that the lady stenographer were doing practically, the same kind of work which the male 6 stenographer were discharging. 7
It was also held that the act doe s not permit the management to pay to a section of its employees doing the same work or work of a similar nature lesser pay contrary to section 4(1) o fthe act because of it financial position which does no t permit payment of equal remuneration to all. Th e applicability of the act does not depend the financial ability of management to pay equal remuneration as provided by the act.
5.
No discri min ation to be made whi le recru iti ng men and women wor kers. -- On and
from the commencement of this Act, no employer shall, while making recruitment for the same 8 work or work of a similar nature, [or in any condition of service subsequent to recruitment such as promotions, training or transfer], make any discrimination against women except where the employment of women in such work is prohibited or restricted by or under any law for the time being in force: Provided that the provisions of this section shall not affect any priority or reservation for scheduled castes or scheduled tribes, ex-servicemen, retrenched employees of any other class or category of persons in the matter of recruitment to the posts in an establishment or employment. 6
Mackenzie Mackinnon & Co. LTD. V. Andrey D’costa and another, (1987) I L.L.J. 536 Ibid. 8 Inserted by Act 49 of 1987, S.2 7
16 | P a g e
6.
Advisory Committee. -- (1) For the purpose of providing increasing employment
opportunities for women, the appropriate Government shall constitute one or more Advisory Committees to advise it with regard to the extend to which women may be employed in such establishments or employments as the Central Government may, by notification, specify in this behalf. (2) Every Advisory Committee shall consist of not less than ten persons, to be nominated by the appropriate Government, of which one-half shall be women. (3) In tendering its advice, the Advisory Committee shall have regard to the number of women employed in the concerned establishment or employment, the nature of work, hours of work, suitability of women for employment, as the case may be, the need for providing increasing employment opportunities for women, including part-time employment, and such other relevant factors as the Committee may think fit. (4) The Advisory Committee shall regulate its own procedure. (5) The appropriate Government may, after considering the advice tendered to it by the Advisory Committee and after giving to the persons concerned in the establishment or employment an opportunity to make representations, issue such directions in respect of employment of women workers, as the appropriate Government ma y think fit. 7. Power of appropri ate Govern ment to appoint aut hor iti es for hearin g and decidin g claims and complain ts. -- (1) The appropriate Government may, by notification, ap point such officers,
not below the rank of a Labour Officer, as it thinks fit to be the authorities for the purpose of hearing and deciding —
(a) complaints with regard to the contravention of any provision of this Act; (b) claims arising out of non-payment of wages at equal rates to men and women workers for the same work or work of a similar nature, and may, by the same or subsequent notification, define the local limits within which each, such authority shall exercise its jurisdiction.
(2) Every complaint or claim referred to in sub-section (1) shall be made in such manner as may be prescribed. (3) If any question arises as to whether two or more works are of the same nature or of a similar nature, it shall be decided by the authority appointed under sub-section (1).
17 | P a g e
(4) Where a complaint or claim is made to the authority appointed under sub-section (1) it may, after giving the applicant and the employer an opportunity of being heard, and after such inquiry as it may consider necessary, direct, — (i)
in the case of a claim arising out of a non-payment of wages at equal rates to men and women workers for the same work or work of a similar nature, that payment be made to the worker of the amount by which the wages payable to him exceed the amount actually paid;
(ii)
in the case of complaint, that adequate steps be taken by the employer so as to ensure that there is no contravention of any provision of this Act.
(5) Every authority appointed under sub-section (1) shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such authority shall be deemed to be a Civil Court for all the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). (6) Any employer or worker aggrieved by any order made by an authority appointed under sub-section (1), on a complaint or claim may, within thirty days from the date of the order, prefer an appeal to such authority as the appropriate Government may, by notification, specify in this behalf, and that authority may, after hearing the appeal, confirm, modify or reverse the order appealed against and no further appeal shall lie against the order made by such authority. (7) The authority referred to in sub-section (6) may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the period specified in subsection (6), allow the appeal to be preferred within a further period of thirty days but not thereafter. (8) The provisions of sub-section (1) of Section 33-C of the Industrial Disputes Act, 1947 (14 of 1947), shall apply for the recovery of monies due from an employer arising out of decision of an authority appointed under this section.
18 | P a g e
CONCLUSION . The various provisions for the payment of remuneration at equal rates are provided in ChapterII of the Act and almost all the provisions point to similar ends and ultimately direct the employers not to practice discrimination while recruitment, while payment or even while considering employees for promotion. The Act also provides for maintenance of registers in the organisations, creation of posts of Inspectors and other related offices to keep a check on such prejudiced practices, which are likely to affect the provisions of the Act. It speaks extensively of what the employers have to follow but is silent on the point of reasonable classification with the apex court has pointed out freely and exhaustively. The Act does not, also, lay any provision as to whether the qualifications of the employees are to be considered while framing paying packages or not. The only thing which the Act point to is that the emplo yer must not discriminate on the basis of the sex of the worker if both man and womanare doing same or similar kind of work. Thus it is merely an enactment of Article 39(d) of the Constitution in its strict sense, leaving the scope of interpretation to the Courts. SUGGESTIONS 1. The equal remuneration act should not focus only on gender discrimination. 2. Equal pay for equal work should be mentioned as constitutional goal in writing so that it can be implemented strictly. 3. The degree of skill, the strain of work, experience involved, training required, responsibility undertaken, mental and physical requirements, disagreeableness of the task, hazards involved etc. were some of the relevant factors which were to be taken into consideration while fixing the 19 | P a g e
pay scales. The method of recruitment, the level at which the recruitment was made in the hierarchy of service or cadre, minimum educational and technical requirements prescribed for the post, were also some of the relevant factors. 4. The criteria to define equal work should be clearly mentioned.
BIBLIOGRAPHY
www.lawyersclubindia.com
www.indiankanoon.com
http://www.indianlawcases.com/
Acts
General clauses Act, 1897 Equal remuneration act 1976 Books
Mishra .s.n, Labour and publication,Allahabad, 2013.
industrial
laws,
27 th edition,
Dr Goswami, labour laws, central law agency, Allahabad, 2012 Chaturvedi, labour laws, central law agency, Allahabad, 2012
20 | P a g e
central
law
