Supreme Court's Decision on Principle Of Equal Pay For Equal Work: Cannot Be Applied Merely On Basis Of Designation

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In a recent judgement of Union of India v. Manoj Kumar LL 2021 SC 409, the Supreme Court of India highlighted that the principle of equal pay for equal work could not be applied merely based upon the designation.The Court had to examine the Private Secretaries’ claims employed in the Eastern Central Railways in the concerned matter. The parity in pay with their counterparts working in the Central Secretariat Stenographers Service /Railway Board Secretariat Stenographers Service /Central Administrative Tribunal.

The Court comprised of Justices Sanjay Kishan Kaul and Hrishikesh Roy; while interpreting the Sixth Central pay Commission report, the Court observed that in the instant matter, the aspect involves the disparity between the Secretariat and the field offices was a matter which was considered by the Commission itself while making the recommendations. This recommendation would not be helpful if at all it had treated the case equally. One contention also raised here was that if at all the result of parity were being given up to the level of Assistant, which would put them in the grade such that they, being one post higher, would automatically have to get one higher grade.

Moreover, the bench observed that absolute parity could not be granted as the hierarchy and career progression need to be considered for relativities across the board.While referring to one of its precedents of Union of India v. Tarit Ranjan Das, the bench held that courts ought not to interfere if the respective Commission had considered all the aspects and decided that absolute equality ought not to be given. It was previously held that the principle of equal pay for equal work could not be solely dependent on one’s designation. The matter regards the 5th Pay Commission, whereas the Court said there was no question of any equivalence.

The Indian Constitution under Article 39(d) and Article 41 focus on the principle of Equal pay for Equal Work for both men and women. As they fall in DPSP, they can serve as an idea to both the Centre and State while making any guideline or guideline policies.