Case Note & Summary
The dispute arose from a writ petition filed by the Food Corporation of India Workers Union seeking equal wages for its members employed under the Direct Payment System (DPS) compared to departmental workers of the Food Corporation of India (FCI). The union argued that the nature of work performed by both categories was substantially the same, thus claiming that the denial of equal wages was discriminatory and violated Articles 14 and 21 of the Constitution. The petition sought a writ to direct FCI to grant equal wages, allowances, and benefits to DPS workers. The FCI, in its counter-affidavit, acknowledged the similarity in work but contended that the workload varied significantly across depots, which justified the different payment systems. The court noted that the DPS system was established through negotiations and settlements, and the principle of equal pay for equal work necessitated a detailed factual inquiry into workloads and working patterns, which was not suitable for resolution in a writ petition. The court ultimately dismissed the petition, allowing the union to pursue the matter through appropriate industrial dispute mechanisms. The dismissal did not reflect any opinion on the merits of the claims made by the union.
Headnote
A) Constitutional Law - Equal Pay for Equal Work - Application of Principle - Constitution of India, 1950, Articles 14, 21 - The court examined the applicability of the principle of equal pay for equal work in the context of DPS workers and departmental workers, noting that factual investigations into work patterns and workloads were necessary before applying this principle. The court declined to adjudicate on merits due to ongoing industrial disputes and existing settlements. Held that the issue should be resolved in appropriate forums rather than through a writ petition (Paras 1-3).
Issue of Consideration
Whether the workers under the Direct Payment System are entitled to equal wages and benefits as departmental workers.
Final Decision
The Supreme Court dismissed the writ petition, stating that the issue of wage parity should be resolved through appropriate industrial dispute mechanisms rather than through a writ petition under Article 32. The court emphasized the need for factual investigations into workloads and working patterns before applying the principle of equal pay for equal work.
Law Points
- Equal pay for equal work
- Article 14
- Article 21
- Direct Payment System
- Industrial dispute resolution


