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| Equal Pay For Equal Work Applicable |
| Equal Pay For Equal Work Applicable To Contractual Employees : Supreme Court
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| INDIA
, 29-October-2016
10:36:22 AM |
| In a significant verdict, the Supreme Court has held that the principal of 'equal pay for equal work' has to be made applicable to those engaged as daily wagers, casual and contractual employees who perform the same duties as the regulars.
Terming the denial of equal pay for equal work as "exploitative enslavement", "oppressive, suppressive" and "coercive", the apex court said that in a welfare state, the principle has to be extended to temporary employees as well.
"In our considered view, it is fallacious to determine artificial parameters to deny fruits of labour. An employee engaged for the same work, cannot be paid less than another, who performs the same duties and responsibilities. Certainly not, in a welfare state. Such an action besides being demeaning, strikes at the very foundation of human dignity," a bench of Justice J S Khehar and S A Bobde said.
The bench said "anyone, who is compelled to work at a lesser wage, does not do so voluntarily. He does so to provide food and shelter to his family, at the cost of his self respect and dignity, at the cost of his self worth and at the cost of his integrity".
"For he knows, that his dependents would suffer immensely, if he does not accept the lesser wage. Any act of paying less wages, as compared to others similarly situated, constitutes an act of exploitative enslavement, emerging out of a domineering position. Undoubtedly, the action is oppressive, suppressive and coercive, as it compels involuntary subjugation," it said.
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