Some companies including public sector of state govt. Who are registered under company act are appoints new employees on the vacant post of regular employee or post sanctioned under regular establishment and give them fix salary up to 2-3 years. I want to know where this practices violates the labor law or not ? Is it violating rules of equal pays for equal work rules?
From India, Poona
From India, Poona
Dear Pruthvi,
According to the Supreme Court of India, although equal pay for equal work is not a fundamental right, it is a constitutional goal capable of being achieved through constitutional remedies [ Randhir Singh v. Union of India (1982) I LLJ 344 ( SC)]. The same Apex Court rejected the claim of daily wagers for pay on par with persons holding regular similar post in Govt,service on the ground of dissimilarity in their recruitment[ State of Haryana v. Surindar Kumar - (1998) II LLJ 516 ( SC ) ]. So, there are many judgments on the principle of equal pay for equal work either holding it capable of implementation or otherwise depending upon the facts of each case. The post may be a regular one. But when it is filled up on contract basis for a fixed period of time or on ad hoc basis till the joining of a regular incumbent, the principle can not be applied as it is purely a temporary arrangement lasting for only a predetermined period of tenure.
From India, Salem
6018According to the Supreme Court of India, although equal pay for equal work is not a fundamental right, it is a constitutional goal capable of being achieved through constitutional remedies [ Randhir Singh v. Union of India (1982) I LLJ 344 ( SC)]. The same Apex Court rejected the claim of daily wagers for pay on par with persons holding regular similar post in Govt,service on the ground of dissimilarity in their recruitment[ State of Haryana v. Surindar Kumar - (1998) II LLJ 516 ( SC ) ]. So, there are many judgments on the principle of equal pay for equal work either holding it capable of implementation or otherwise depending upon the facts of each case. The post may be a regular one. But when it is filled up on contract basis for a fixed period of time or on ad hoc basis till the joining of a regular incumbent, the principle can not be applied as it is purely a temporary arrangement lasting for only a predetermined period of tenure.
From India, Salem
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Equal Remuneration Act 1976.pdf
Equal Remuneration Act 1976.doc