Equal Pay for Equal Work

Articles 14 and 39(d)--'Equal pay for equal work'-- Concept of--Whether permissible to have two pay scales in same cadre for persons having same duties and responsibilities-?

Here are the two different views of the Apex court on the subject Equal pay for equal work principle. 

A) Randhir Singh vs Union Of India & Ors on 22 February, 1982

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No doubt, equation of posts and equation of pay are matters primarily for the Executive Government and expert bodies and not for the courts, but where all things are equal that is, where all relevant considerations are the same, persons holding identical posts may not be treated differentially in the matter of their pay merely because they belong to different departments. 

 B) Secretary, Finance Department and others v. West Bengal Registration Service Association and others, 1993 Supp (1) SCC 153, which thus reads: "Ordinarily a pay structure is evolved keeping in mind several factors, e.g., 

(i) method of recruitment, (ii) level at which recruitment is made, (iii) the hierarchy of service in a given cadre, (iv) "minimum educational/technical qualifications required, (v) avenues of promotion, (vi) the nature of duties and responsibilities, (vii) the horizontal and verticle relativities with similar jobs, (viii) public dealings, (ix) satisfaction level, (x) employer's capacity to pay, etc. 

The principles relating to granting higher scale of pay on the basis of equal pay for equal work are well settled. The evaluation of duties and responsibilities of different posts and determination of the pay scales applicable to such posts and determination of parity in duties and responsibilities are complex executive functions, to be carried out by expert bodies.

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