A bench of Justices JS Khehar and SA Bobde said the principle of 'equal
pay for equal work' constitutes a clear and unambiguous right vested in every
employee whether engaged on regular or temporary basis.
"In our considered view, it is fallacious to determine artificial
parameters to deny fruits of labour. An employee engaged for the same work,
cannot be paid less than another, who performs the same duties and
responsibilities. Certainly not, in a welfare state. Such an action besides
being demeaning, strikes at the very foundation of human dignity," the
bench said.
The bench said the principle had been expounded through a large number
of judgments rendered by the apex court and and constitutes law declared by the
Supreme Court.
"Any one, who is compelled to work at a lesser wage, does not do so
voluntarily. He does so, to provide food and shelter to his family, at the cost
of his self respect and dignity, at the cost of his self worth, and at the cost
of his integrity. For he knows, that his dependents would suffer immensely, if
he does not accept the lesser wage," Justice Khehar, who wrote the
judgement, said.
"Any act, of paying less wages, as compared to others similarly
situate, constitutes an act of exploitative enslavement, emerging out of a
domineering position. Undoubtedly, the action is oppressive, suppressive and
coercive, as it compels involuntary subjugation," he said.
The court passed the verdict on a bunch of petition filed by tempoary
employee working for state of Punjab seeking wage parity with regular employee.
They approached the apex court after Punjab and Haryana High Court held that
temporary employees were not entitled to the minimum of the regular pay-scale,
merely for reason, that the activities carried on by them and the regular
employees were similar.
Setting aside the HC order, the apex court held that the principle of
equal pay for equal work must be followed in the country as India was a
signatory of International Covenant on Economic, Social and Cultural Rights.
"There can be no doubt, that the principle of equal pay for equal
work would be applicable to all the concerned temporary employees, so as to vest
in them the right to claim wages, at par with the minimum of the pay-scale of
regularly engaged government employees, holding the same post,"it said.
"India is a signatory to the covenant, having ratified the same on
April 10, 1979. There is no escape from the above obligation, in view of
different provisions of the Constitution and in view of the law declared by
this court under Article 141 of the Constitution of India, the principle of
'equal pay for equal work' constitutes a clear and unambiguous right and is
vested in every employee - whether engaged on regular or temporary
basis,"it said.
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