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Home > Know Your Rights > Labour Rights
FAQ's | Landmark Judgements | Legal Frameworks

Landmark Judgments

·  In Randhir Singh Vs. Union of India (AIR 1982 SC 879), the Supreme Court held that although the principle of 'equal pay for equal work' is not expressly declared by our Constitution to be a fundamental right, but it is certainly a constitutional goal under Articles 14, 16 and 39 (c) of the Constitution.

 

·  In Dhirendra Chamoli Vs. State of U.P (AIR 1986 SC 172) it has been held that the principle of equal pay for equal work is also applicable to casual workers employed on daily wage basis.

 

·  In Daily Rated Casual Labour Vs. Union of India ((1988) 1 SCC 122) it has been held that Classification of employees into regular employees and casual employees for the purpose of payment of less than minimum pay is violative of Articles 14 and 16 of the Constitution.

 

·  In F.A.I.C. and C.E.S. Vs. Union of India the Supreme Court held that different pay scales can be fixed for government servants holding same post and performing similar work on the basis of difference in degree of responsibility, reliability and confidentiality, and as such it will not be violative of the principle of equal pay for equal work, implicit in Article 14. The Court said, "Equal pay must depend upon the nature of the work done. It cannot be judged by the mere volume of work. There may be qualitative difference as regards reliability and responsibility. Functions may be the same but the responsibilities make a difference.”

 

·  In the All India Bank Employees Association Vs. I. T, the Supreme Court held, "the right to strike or right to declare lock out may be controlled or restricted by appropriate industrial legislation and the validity of such legislation would have to be tested not with reference to the criteria laid down in clause (4) of article 19 but by totally different considerations."

 
 
 
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