Case Note & Summary
The dispute arose from the termination of the services of a female employee, who worked as a Confidential Lady Stenographer for the petitioner company. After her termination on June 13, 1977, she filed a petition under the Equal Remuneration Act, 1976, claiming she was paid less than male stenographers for performing the same work. The petitioner contended that there was no discrimination and that the business was not covered under the Act. The Authority initially rejected her complaint, citing a settlement between the management and the employees' union. However, the Appellate Authority found clear discrimination and ordered the petitioner to pay the difference in remuneration. The Single Judge affirmed this decision but remanded the case for recalculating the amount due. The Division Bench dismissed the petitioner's appeal, leading to the current Supreme Court petition. The court emphasized that the Equal Remuneration Act aims to prevent discrimination based on sex and mandates equal pay for equal work. It found that the female stenographers were indeed performing the same work as their male counterparts and that the management's reliance on the 1975 settlement was invalid under the Act. The court ruled that the management must pay equal remuneration irrespective of the financial ability to do so, reinforcing the principle of equal pay for equal work as enshrined in Article 39(d) of the Constitution of India.
Headnote
A) Constitutional Law - Equal Pay for Equal Work - Discrimination on Ground of Sex - Equal Remuneration Act, 1976, Section 4 - The court held that the Equal Remuneration Act mandates equal pay for men and women performing the same or similar work, and any discriminatory pay based on sex is a violation of the Act. The petitioner was found to have paid female stenographers less than their male counterparts for the same work, thus breaching the provisions of the Act (Paras 1-11).
Issue of Consideration
Whether the petitioner violated the provisions of section 4 of the Equal Remuneration Act, 1976.
Final Decision
The Supreme Court dismissed the petition, affirming the findings of discrimination and ordering the petitioner to pay the difference in remuneration as directed by the Appellate Authority.
Law Points
- Equal remuneration
- discrimination based on sex
- same work or work of similar nature
- applicability of the Act
- financial ability of management
- job evaluation
