Lok Sabha Question No. 1294 (UNSTARRED), answered on 2017-07-24
Subject: Equal Pay for Equal Work
Ministry: LABOUR AND EMPLOYMENT
Asked by: KANWAR SINGH TANWAR, HARI MANJHI, INNOCENT

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

UNSTARRED QUESTION NO. 1294 TO BE ANSWERED ON 24.07.2017

## EQUAL PAY FOR EQUAL WORK

1294. SHRI KANWAR SINGH TANWAR:

SHRI HARI MANJHI: SHRI INNOCENT:

Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:

- (a)whether the Hon'ble Supreme Court has given a ruling that the theory of equal  pay  for  equal  work  should  be  implemented  and  if  so,  the  details thereof;
- (b)whether  the  Hon'ble  Court  has  also  reiterated  that  there  should  be  no disparity in the salary of regular and casual workers in a welfare State if both are doing same nature of work and if so, the details thereof;
- (c)whether  the  Government  is  aware  that  the  contract  workers  are  being deprived from equal pay for equal work by their employers and if so, the details thereof;
- (d)whether  the  Government  has  set  up/proposes  to  set  up  a  suitable redressal mechanism in this regard and if so, the details thereof; and
- (e)the other measures taken/proposed to be taken by the Government for the welfare and social security of workers including casual/contract workers in the country?

## ANSWER

## MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT

## (SHRI BANDARU DATTATREYA)

- (a) & (b): In civil appeal number 213 of 2013 the issue for consideration of the Hon'ble Supreme Court was as under:

'whether temporarily  engaged employees  (daily-wage employees, adappointees,  employees appointed on casual basis, contractual employees and the like), are entitled to minimum of the regular pay-scale, alongwith dearness  allowance  (as  revised  from  time  to  time)  on  account  of  their performing  the  same  duties,  which  are  discharged  by  those  engaged  on regular basis, against sanctioned posts'.

The Hon'ble Supreme Court held that:

'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 payscale of regularly engaged Government employees, holding the same post'

(c) & (d): In  so  far  as  the  contract  labour  is  concerned,  the  Contract Labour (Regulation & Abolition) Act, 1970 and the rules framed thereunder regulate the employment of contract labour. Rule 25(2)(v)(a) of the Contract Labour  (Regulation  &  Abolition)  Central  Rules,  1971  provides  for  parity  as mentioned below:

'in cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same  as  applicable  to  the  workmen  directly  employed  by  the  principal employer of the establishment on the same or similar kind of work'

A well-established Central Industrial Relations Machinery (CIRM) is in place to enforce the Contract Labour (Regulation & Abolition) Act, 1970. The country-wide network of Dy. Chief Labour Commissioners (Central) and Regional Labour Commissioners (Central) under the control of Chief Labour Commissioner (Central)  is  mandated  to  settle  the  complaints/claims  of  the contract  workers  in  terms  of  the  provisions  of  the  said  Act  and  the  Rules framed thereunder.

(e): In order to provide social security benefits to the workers in the organised  sector,  the  Government  has  enacted  the  Employees'  Provident Funds and Miscellaneous Provisions Act, 1952 and Employees' State Insurance Act, 1948.

For  providing  social  security  benefits  to  the  workers  in  the unorganised sector, the Government has enacted the Unorganised Workers' Social  Security  Act,  2008  which  stipulates  formulation  of  suitable  welfare schemes for unorganised workers on matters relating to: (i) life and disability cover, (ii) health and maternity benefits, (iii) old age protection and (iv) any other benefit as may be determined by the Central Government through the National Social Security Board. Various Schemes, formulated by the Government to provide social security cover to the unorganized workers as listed in Schedule I of the above Act.

Central Government has also launched the Atal Pension Yojana, Pradhan Mantri Jeevan Jyoti Bima Yojana and Pradhan Mantri Suraksha Bima Yojana  for  all  citizens  especially  targeting  unorganised  workers  to  provide them comprehensive social security.

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