Constitution of India: The Concept of Equal Pay for Equal Work

Article 39 (c) of the Constitution of India provides for Directive Principles of State Policy. This aims for equitable distribution of resources of production among all citizens. It also aims to prevent the concentration of wealth in the hands of a few. One such principle is ‘Equal Pay for Equal Work.’ As the name itself suggests, its purpose is to ensure that individuals who are doing an equal amount of work shall be entitled to equal remuneration. The term ‘equal pay’ includes basic salary, and also other benefits, such as bonuses and allowances.

Constitution of India: Application of Equal Pay for Equal Work Principle

Based on rulings of courts pertaining to interpretation of Articles from the Constitution of India, here are some real life case studies: In a landmark case, Randhir Singh v. Union of India, AIR 1982 SC 879, the court held that although equal pay for equal work is not regarded as a fundamental right, it is a constitutional goal as per the provisions of Articles 14, 16 and 39(c). Article 14 of the Constitution of India provides citizens with the right to equality before law. Under Article 16, a person is entitled to equality of opportunity in matters of public employment. In the abovementioned case, the court held that the principle of equal pay for equal work can be enforced by courts in cases of unequal pay scales based on unreasonable classifications.

In another significant decision case,  F.A.I.C and C.E.S v. Union of India, (1998) 3 SCC 91, it was held by the court that the duties performed by a stenographer of grade I were much higher as compared to a stenographer of subordinate officers. Therefore, the different pay scales fixed for them were justified.

Similarly, in State of Haryana v. Rajpal Sharma, AIR 1997 SC 449, the court held that the teachers employed in private schools aided by the State Government are entitled to equal remuneration as that of teachers working in government schools

another milestone case, State of Haryana v. Tilak Raj, AIR 2003 SC 2658, the court held that the daily wagers who were employed in Haryana Roadways are not covered under the principle of equal pay for equal work. It was held that this principle is only applicable to a person who is employed at a definite post. The daily wagers are not entitled to the same remuneration as regular and permanent employees, as the wagers hold no definite posts.