Equal Remuneration — Equal Pay for Equal Work
“Equal pay for equal work” is both a constitutional goal (Art. 39(d)) and, since 2019, a statutory right under the Code on Wages that applies to every establishment.
Equal Remuneration — Sec. 3
| Rule | Section |
|---|---|
| No discrimination in wages on the ground of gender for the same work or work of a similar nature | S.3(1) |
| No discrimination in recruitment, promotion or training on the ground of gender | S.3(2) |
| “Work of similar nature” = same or broadly similar duties requiring similar skill, effort and responsibility under similar conditions | S.2(z) |
The Code on Wages absorbed the Equal Remuneration Act, 1976, and widened it — the guarantee now sits inside a single wage code covering all workers.
Leading Case
Audrey D’Costa v. Mackinnon Mackenzie & Co. (1987) — a female confidential stenographer was paid less than male stenographers doing the same work. The Supreme Court held this violated the Equal Remuneration Act and the constitutional mandate of Art. 39(d); the employer could not evade the law by labelling the posts differently when the work was of a similar nature.
Constitutional anchor: Randhir Singh v. Union of India (1982) established that “equal pay for equal work” is a goal deducible from Arts. 14, 16 and 39(d), even though not an express fundamental right.
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