Terming the denial of equal pay for equal work as “exploitative enslavement”, “oppressive, suppressive” and “coercive”, the Supreme Court in a significant verdict, has held that the principle of ‘equal pay for equal work’ to be made applicable to those engaged as daily wagers, casual and contractual employees who perform the same duties as the regulars. The apex court held that an employee engaged for the same work, cannot be paid less than another, who performs the same duties and responsibilities. The bench held, “Anyone, who is compelled to work at a lesser wage, does not do so voluntarily. He does so to provide food and shelter to his family, at the cost of his self respect and dignity, at the cost of his self worth and at the cost of his integrity”. For he knows, that his dependents would suffer immensely, if he does not accept the lesser wage. Any act of paying less wages, as compared to others similarly situated, constitutes an act of exploitative enslavement, emerging out of a domineering position. Undoubtedly, the action is oppressive, suppressive and coercive, as it compels involuntary subjugation,” the Bench said. The court’s ruling is in line with a number of statutory rights that call for equal pay for equal work, although the ground level implementation is not described in the laws. It will impact all establishments employing 20 or more employees, either contractual or permanent. At a time when the present Bharatiya Janata Party-led National Democratic Alliance government feels that companies deserve less inspection for their growth, the efficacy of the court’s ruling is in doubt. No doubt the verdict will give a boost to labour rights but its implementation will be difficult as it will need very close time-to-time monitoring and inspections of company records and premises which in given any circumstance is not possible.
