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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

‘Equal pay for equal work’, not strictly applicable: SC

‘Equal pay for equal work’, not strictly applicable: SC

Equal pay for equal work is a fundamental concept of labour agreements. – Gabrielle Carteris

The Apex Court in the case of Union of India v. Indian Navy Civilian Design Officers Association And Anr,  while setting aside the judgment of the Central Administrative Tribunal (CAT) and the Delhi High Court granting parity of pay scale of Junior Design Officers, observed that pay commission upon their discretion can recommend different pay scales for similar nature of work. Although the state should accept the differentiation,  it must be based on reasonable classification.  The criteria should not cause injustice and inequality.

The Indian Navy Civilian Design Officers association approached the Central Administrative Tribunal (CAT) wanting parity in payment for Junior Design Officers with that of the Civilian Technical Officers consequent to the Fifth Central Pay Commission. The  High Court dismissed the appeal. Although The SC held that the doctrine of “equal pay for equal work”  will not be interpreted in a strict sense.

The bench comprising Justice Ajay Rastogi and Justice Bela M. Trivedi, observed “It may be true that the nature of work involved in two posts may sometimes appear to be more or less similar, however, if the classification of posts and determination of pay scale have reasonable nexus with the objective or purpose sought to be achieved, namely, the efficiency in the administration, the Pay Commissions would be justified in recommending and the State would be justified in prescribing different pay scales for the seemingly similar posts. “