Lok Sabha Question No. 1961 (UNSTARRED), answered on 2018-07-30
Subject: Equal Wages for Equal Work
Ministry: LABOUR AND EMPLOYMENT
Asked by: JANAK RAM

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

UNSTARRED QUESTION NO. 1961 TO BE ANSWERED ON 30.07.2018

EQUAL WAGES FOR EQUAL WORK

†1961. SHRI JANAK RAM:

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

- (a)whether  the  Hon'ble  Supreme  Court  has  directed  that  the  principle  of equal wages for equal work should be implemented and if so, the details thereof;
- (b)whether  the  Supreme  Court  has  also  stated  that  if  a  regular  and contractual  workers  do  same  kind  of  work  then  there  should  be  no anomaly  in  the  wages  of  both  classes  in  a  welfare  State  and  if  so,  the details thereof and the reaction of the Government thereto; and
- (c)whether the Government is aware of the fact that employees working on contractual  basis  are  deprived  of  equal  wages  for  equal  work  by  their employees  and  if so, the details thereof along with the redressal mechanism developed/proposed to be developed by the Government in this regard?

## ANSWER

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

- (a) to (c): The principle of 'equal pay for equal work' was examined by the Hon'ble Supreme Court in the civil appeal number 213 of 2013. The issue before the Hon'ble Supreme Court was that:
- '…..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….'

Contd..2/-

## 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….'

It  is  mandatory  for  the  employer/principal  employer  to  comply with the various statutory provisions/Court Orders/Government Instructions  including  instructions  on  wage  related  issues  of  various categories of employees and apply the principle laid down by the Hon'ble Supreme Court regarding 'equal pay for equal work' while paying wages to its workers/labourers.

In so far as the contract labour is concerned, the Contract Labour  (Regulation  &  Abolition)  Central  Rules,  1971  provides  for  wage parity as stipulated in rule 25(2)(v)(a) which is reproduced 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…..'

In  order  to  ensure  compliance  of  labour  laws  there  is  separate enforcement machinery available in the Central and the State Sphere to which an aggrieved worker can approach for redressal of its grievances.

In  the  Central  sphere  there  is  a  well-established  Central  Industrial Relations Machinery (CIRM) having country-wide network of Dy. Chief Labour Commissioners (Central) and Regional Labour Commissioners (Central) under the  control  of  the  Chief  Labour  Commissioner  (Central)  for  enforcement  of labour laws and redressal of grievances/settlement of claims arising out of labour  disputes.  In  the  State  Sphere,  there  is  a  similar  setup  in  the respective State Governments/UT Administrations.

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