"Equal Pay For Equal Work" Has Assumed Status Of Fundamental Right In Service Jurisprudence: Jharkhand HC [Read Judgment]

"Equal pay for equal work" has assumed the status of fundamental right in service jurisprudence, the Jharkhand High Court has observed.

The Court was considering a petition filed by a management [Employer, Food Corporation of India] for quashing the Award passed by Central Government Industrial Tribunal directing it for regularization in service of a workman. While considering the case, the Court noted that a similarly situated workman who was appointed as a casual typist at par with the workman, was regularized as a regular typist on the basis of the Award passed by the Tribunal but the workman (respondent) has been denied the same. The court also noted that there was regular appointments of regular typist by the Management but the concerned workman was neither informed nor any opportunity was given to confirm his as a regular typist.  In this context, Justice Dr. S.N. Pathak, observed:

The law is well settled that there has to be equality before the law. the workman is entitled for equal pay for equal work. Equal pay for equal work is not expressly declared by the Constitution as a fundamental right but in view of Directive Principles of State Policy, as contained in Article 39(d) of the Constitution of India, "Equal pay for equal work" has assumed the status of fundamental right in service jurisprudence having regard to the Constitutional mandate of equality in Articles 14 and 16 of the Constitution of India. It ensures a welfare socialistic pattern of a State providing RC equal opportunity to all and equal pay for equal work for similarly placed employees of the State."

The court also said that the orders of the Tribunal can only be interfered if there is gross illegality and the order is perverse and without jurisdiction. "This Court is in full agreement with the Award passed by the learned Tribunal. I do not find any infirmity or any illegality in the impugned Award. No interference is warranted by this Court in the impugned Award.", the court added.

As the workman already superannuated from his service on attaining his age of 60 years during the pendency of the writ petition, the bench said that he is entitled to all the benefits in terms of the Award dated 08.05.2009. 

Case: Employer in relation to Management of Food Corporation of India vs. Employer in relation to Management of Food Corporation of India W.P. (L) No. 3745 of 2009
Coram: Justice Dr. S.N. Pathak

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