Page 314 - DMGT516_LABOUR_LEGISLATIONS

Unit 13: Wage Legislation

having been stated as a directive principle of State Policy is not enforceable in a Court of Notes
Law is to indulge a sophistry. Parts IV and III of the Constitution are not supposed to be
exclusionary of each other. They are complementary to each other. The rule is as much
apart of the Art. 14, as it is of Cl. (I) of Art. 16. Equality of opportunity guaranteed by Art.
16 (I) necessarily means and involves equal pay for equal work. It means equality that it is
neither a mechanical rule nor does it mean geometrical equality. The concept of reasonable
classification and all other rules evolved with respect to Arts. 14 and 16 (I) come into play
wherever complaint of infraction of this rule falls for consideration.
Basic wages

When an award gives revised pay scales, the employees become entitled to the revised
emoluments and where the said revision is, with retrospective effect, the arrears paid to
the employee, as a consequence, are the emoluments earned by the them while on duty.
2. Act to have overriding effect: The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law or in the terms of any award,
agreement of contract of service whether made before or after the commencement of
this Act, or in any instrument having effect under any law for the time being in force.
(Section 3).

Payment of Remuneration at Equal Rates to Men and Women Workers

Duty of employer to pay equal remuneration to men and women workers for same work or
work of a similar nature:

1) No employer shall pay to any worker, employed by him in an establishment or
employment, remuneration, whether payable in cash or in kind, at rates less favourable
than those at which remuneration is paid by him to the workers of the opposite sex in such
establishment or employment for performing the same work of a similar nature.
2) No employer shall, for the Purpose of complying with the provisions of sub- section (1),
reduce the rate of remuneration of any worker.
3) Where, in an establishment or employment, the rates of remuneration payable before the
commencement of this Act for men and women workers for the same work of a similar
nature are different only on the ground of sex, then the higher (in case where there are
only two rates), or as the case may be, the highest (in cases where there are more than two
rates), or such rates shall be payable, on and from such commencement, to such men and
women workers: Provided that nothing in this sub-section shall be deemed to entitle a
worker to the revision of the rate of remuneration payable to him or her with reference to
the service rendered by him or her before the commencement of this Act.

Onus of Proof

The employer has to show that it is more probable than not that the variation was due to a
material difference, and a genuine material difference, not based on sex. In other words, that the
difference between a women employee’s salary and that of her male colleagues was bona-fide
due to some difference other than the difference of sex.
Same work or work of a similar nature. As defined and interpreted, the work done by a women
employee and man employee need not be identical to warrant payment of equal remuneration.
Broadly, the skill, effort and responsibilities required are to be the same when performed under
similar working condition; the difference if any, should not be of any practical importance.

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