Case Note & Summary
The dispute involved daily rated carpenters employed at the Wood Working Centre of the Himachal Pradesh State Handicrafts Corporation, who sought enforcement of their right to 'equal pay for equal work' under Article 39(d) of the Constitution. They claimed entitlement to wages comparable to regular employees or, alternatively, the minimum wages prescribed by the Deputy Commissioner. The Corporation contended that the petitioners were treated as industrial workmen and received benefits under various labor laws, including minimum wages aligned with the construction industry. The court dismissed the petition, emphasizing that the principle of 'equal pay for equal work' requires a demonstration of discrimination among employees of the same establishment, which was not established in this case. The court noted that the petitioners could not claim wages of government employees as they were not in the same establishment. Furthermore, the Deputy Commissioner's minimum wage order applied only to government employees, and the petitioners were classified as construction workers. The court declined to express an opinion on the regularization of services due to insufficient factual data and dismissed the petition without costs.
Headnote
A) Constitutional Law - Equal Pay for Equal Work - Enforcement of Rights - Constitution of India, 1950, Articles 32, 39(d) - Petitioners sought equal pay for equal work against their counterparts in regular service. The court held that without showing discrimination among the same set of employees by the same employer, the principle cannot be enforced. (Paras 668B-668C). B) Employment Law - Classification of Employees - Equal Pay for Equal Work - Constitution of India, 1950, Article 14 - The principle does not apply mechanically; jobs must be evaluated on various dimensions. The court noted that the petitioners could not claim wages of government employees as they were not in the same establishment. (Paras 666D, 668D-E). C) Employment Law - Minimum Wages - Applicability of Financial Rules - Constitution of India, 1950, Article 39(d) - The Deputy Commissioner's order on minimum wages was applicable only to government employees and not to the petitioners. The court stated that the petitioners could not claim these wages unless the government extended the order to them. (Paras 668F-G).
Issue of Consideration
Whether daily rated carpenters are entitled to equal pay for equal work compared to regular employees.
Final Decision
The Supreme Court dismissed the writ petition, stating that the principle of 'equal pay for equal work' could not be enforced without showing discrimination among the same set of employees by the same employer. The court also noted that the Deputy Commissioner's minimum wage order did not apply to the petitioners, who were classified as construction workers.
Law Points
- Equal pay for equal work
- Discrimination in employment
- Minimum wages
- Directive Principles of State Policy
