Lok Sabha Question No. 5000 (UNSTARRED), answered on 2018-03-26
Subject: Equal Pay for Equal Work
Ministry: LABOUR AND EMPLOYMENT
Asked by: RAJ KUMAR SAINI, RAJESHBHAI NARANBHAI CHUDASAMA

## GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT LOK SABHA

UNSTARRED QUESTION NO. 5000 TO BE ANSWERED ON 26.03.2018

## EQUAL PAY FOR EQUAL WORK

†5000. SHRI RAJKUMAR SAINI: SHRI RAJESHBHAI CHUDASAMA:

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

- (a)whether the Hon'ble Supreme Court, in one of its decision, has stated that principle of equal pay for equal work should be implemented and if
- so, the details thereof;
- (b)whether  Supreme  Court  has  also  ruled  that  in  a  welfare  State  there should be no disparity in payment for the same work carried out by a regular or a casual worker and if so, the details thereof;
- (c)whether the Government is aware that employees hired by employers on contractual basis are deprived of equal pay for equal work by their employers and if so, the details thereof;
- (d)whether the Government proposes to evolve any appropriate preventive mechanism in this regard and if so, the details thereof; and (e)the extant provision for paying minimum wages to the employees employed for carrying out Central Government Schemes including the Anganwadi workers and helpers?

## ANSWER

## MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI SANTOSH KUMAR GANGWAR)

- (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, ad-   appointees, employees appointed on casual basis, contractual employees and the like), are entitled to minimum of the regular payscale, 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 pay-scale 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): The Ministries/Departments/Agencies implementing the Central Government Schemes are mandated to comply with the provisions of various labour laws including the provisions of the Minimum Wages Act, 1948 as applicable while engaging employees/workers for the purpose.

Integrated Child Development Services (ICDS) Scheme envisages the Anganwadi Workers (AWWs) & Anganwadi Helpers (AWHs) as  'honorary  workers'  from  the  local  community  who  come  forward  to render  their  services,  on  part  time  basis,  in  the  area  of  child  care  and development. Being honorary workers, they are paid monthly honoraria as decided by Government from time to time.

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