Court : Delhi
Reported in : 113(2004)DLT441; [2005(104)FLR34]; (2005)IILLJ148Del; 2005(1)SLJ481(Delhi)
..... are ladies employed with respondent no.2. they had filed a claim under section 7(1)(b) of the equal remuneration act, 1976 (the act) claiming the same pay-scale as granted to men performing the same work. 2. section 7(1)(b) of the act reads as follows: - ''7. power of appropriate government to appoint authorities for hearing and deciding claims and complaints. - (1 ..... or a woman and the differences, if any, are not of any practical importance in relation to the terms of employment. 18. section 4 of the act places a duty upon the employer to pay equal remuneration to men and women for same work or work of a similar nature. 19. reference may also be made to another convention, which came into effect ..... the ground of sex against women in the matter of employment. 16. remuneration is defined in the act to mean the basic wage or salary and any additional emoluments whatsoever ..... laid down in the convention and on our part, parliament enacted the act which was promulgated on 26th september, 1975 as an ordinance. that year incidentally, was celebrated as international women's year. the ordinance was duly replaced by the act which is intended to provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination on .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1987SC1281; (1987)2CompLJ165(SC); 1987(89)Crimes156; [1987(54)FLR530]; JT1987(2)SC34; (1987)ILLJ536SC; 1987(1)SCALE627; (1987)2SCC469; 2SCR659; 1988(1)SLJ196(SC);
..... the high court of bombay in appeal no. 1042 of 1986, the question whether the petitioner had violated the provisions of section 4 of the equal remuneration act, 1976 (no. 25 of 1976) (hereinafter referred to as 'the act') arises for consideration.2. the petitioner is a company carrying on the business of rendering supporting services to water transport, like operation and maintenance of ..... having effect under any law for the time being in force. the crucial section which arises for consideration in this case is section 4 of the act. it reads thus:4. duty of employer to pay equal remuneration to men and women workers for same work or work of a similar nature-(1) no employer shall pay to any worker, employed by him ..... of the act only because it is not able to pay equal remuneration to all. the applicability of the act does not depend upon the financial ability of the management to pay equal remuneration as provided by it.13. we do not find any ground to interfere with the judgment of ..... be highly prejudicial to the management, since its financial position is not satisfactory and the management is not able to pay equal remuneration to both male stenographers and female stenographers. the act does not permit the management to pay to a section of its employees doing the same work or a work of similar nature lesser pay contrary to section 4(1) .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1987KAR3814
..... petitioners did not respond to this notice also. according to the complaint, petitioners nos. 1 and 2 have contravened rule 6 of the equal remuneration rules, 1976 read with section 8 of the equal remuneration act, 1976 and have thereby rendered themselves liable for prosecution and punishment under section 10(1)(a) of the said actthe complaint is preceded by ..... 874/85. 5. the facts in criminal petition no. 901/85 ----------------------------------------- (c.c. no. 875 of 1985)the labour enforcement officer (central), bangalore and inspector under the equal remuneration act, 1976 has lodged a complaint against k.e. koshy (petitioner no. 1) and tomcos engineers and contractors represented by its partner k.m. thomas (petitioner no. 2) under ..... section10(1)(a) of the equal remuneration act, 1976, for contravention of rule 6 of the equal remuneration rules, 1976 read with section 8 of the said act.the labour enforcement officer (central), bangalore, inspected the construction of extension to high bay for isac at nal complex, bangalore ..... nos. i and 2 under section 10(1)(a) of the equal remuneration act, 1976, for contravention of rule 6 of the equal remuneration rules, 1976, made punishable under section 8 of the said act.the labour enforcement officer (central), bangalore, is the inspector under section 9(1) of the equal remuneration act. 1976, for the state of karnataka under the notification s.o. .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1982SC1473; 1982(0)BLJR401; (1982)IILLJ454SC; 1982(1)SCALE818; (1982)3SCC235; 1SCR456; 1982(14)LC657(SC)
..... the executive that the violation is being committed by' the contractors and not by it. if any particular contractor is committing a breach of the provisions of the equal remuneration act 1946 and thus denying equality before the law to the workmen, the union of india, the delhi administration or the delhi development authority as the case may be, would be under an obligation ..... despair and become silent spectators of the breach of a constitutional prohibition being committed by their own contractors. so also with regard to the observance of the provisions of the equal remuneration act 1946, the union of india, the delhi administration and the delhi development authority cannot avoid their obligation to ensure that these provisions are complied with by the contractors. it ..... that in fact the workers did not get the minimum wage of rs. 9.25 per day. the petitioners also alleged in the writ petition that the provisions of the equal remuneration act, 1976 were violated and women workers were being paid only rs. 7/- per day and the balance of the amount of the wage was being misappropriated by the jamadars. ..... to ensure that the contractor observes the provisions of the equal remuneration act 1946 and does not breach the equality clause enacted in article 14. the union of india, the delhi administration and the delhi development authority must also ensure that the minimum wage is paid .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1981SC1829; 1981LabIC1313; (1981)IILLJ314SC; 1981(3)SCALE1275; (1981)4SCC335; 1SCR438; 1981(2)SLJ349(SC)
..... a.i. regulation' and 'i.a.c. regulation' respectively.(4) nergesh meerza and ors. as 'petitioners'. (5) declaration by the central government under equal remuneration act as 'declaration' and equal remuneration act 1976 as '1976 act'. (6) air corporation act of 1953 as '1953 act.'(7) justice khosla award as 'khosla award' and justice mahesh chandra award as 'mahesh award'. (8) assistant flight pursers as 'afps' (9) air ..... -section (ii) dated 30.6.79, which runs thus: new delhi, the 15th june 1979.s.c. 2258-in exercise of the powers conferred by section 16 of the equal remuneration act, 1976 25 of 1976) the central government having considered all the circumstances relating to, and terms and conditions of employment of air hostesses and flight stewards, are satisfied that the ..... him to the works of the opposite sex in such establishment or of a similar nature. ... ... ... ... (3) where, in an establishment or employment, the rates of remuneration payable before the commencement of this act for men and women workers for the same work or work of a similar nature are different only on the ground of sex, then the higher (in ..... option but to accept the argument of mr. setalvad. it would, however, appear that the benefit conferred on the females under the 1976 act is not absolute and unconditional. section 16 clearly authorises restrictions regarding remuneration to be paid by the employer if a declaration under it is made by the appropriate government, which may be extracted thus: 16. where .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2004SC187; 2003(4)ALD97(SC); 2003(4)ALLMR(SC)364; JT2003(5)SC413; (2003)IIILLJ1SC; 2003(5)SCALE208; (2003)6SCC277; 2003(2)LC1358(SC); (2003)2UPLBEC1852
..... issued by the central government, therefore, also cannot be held to be in any manner in violation of article 14, 15 and 16 of the constitution or the provisions of equal remuneration act, 1976.effect of pending reference no. 1 of 1990 before the national industrial tribunal. 71. we have already held above that the high court committed a serious error of procedure ..... find that the conditions of services applicable to the air hostesses both presently working in air or on ground are discriminatory under article 14, 15 and 16 of the constitution.equal remuneration act, 1976. 52. in the impugned judgment, the high court has also held that the term of service fixed by air india to retire air hostesses at the age of 50 ..... of india dated 17th june, 1979 which reads as under:'new delhi, the june 15, 1979. s.o. 2258 - in exercise of the powers conferred by section 16 of the equal remuneration act, 1976 (25 of 1976) the central government having considered all the circumstances relating to, and terms and conditions of employment of air hostesses and flight stewards, are satisfied that the ..... years of grounding them on alternative jobs is also discriminatory treatment to them on sex which violates section 5 of the equal remuneration act, 1976 [for short, 'the e.r. act of 1976']. the high court also took note of the fact that there existed a declaration under section 16 of the e.r .....Tag this Judgment!
Court : Gujarat
Reported in : (1995)1GLR327
..... equal remuneration act, 1976. after referring to the provision of said act, the supreme court noticed that the act was enacted by the parliament by art. 39(d) of the constitution of india and the obligation created by the convention concerning ..... arts. 14 and 16(1) come into play wherever complaint of infraction of this rules falls for consideration.' the supreme court in this very connection referred to the provisions of equal remuneration act, 1976, and more particularly to the definition of expression 'same work or work of similar nature' contained in clause (h) of section 2 of the ..... equal remuneration for men and women workers for work of equal value' to which india is a signatory. the court thereafter made the following pertinent observations : 'it would ..... v. j. p. chaurasia, reported in 1988 ii clr 597 (sc) the apex court speaking through k. jagannatha shetty, j. ruled that the underlying constitutional philosophy behind doctrine of equal pay for equal work is that in the matter of employment the government of socialist state must protect the weaker sections. it must be ensured that there is no exploitation of poor .....Tag this Judgment!
Court : Mumbai
Reported in : (1990)IILLJ61Bom
..... invited to m/s. mackinnon mackenzie and co. ltd. v. audrey d'costa. : (1987)illj536sc . though this was a case under the equal remuneration act (no. 25 of 1976), the observations made by the supreme court in paragraph 7 are general and they can lend a considerable assistance in the present ..... look at the duties actually performed, not those theoretically possible.'though the observations were in the context of s. 4 of the equal remuneration act, the general observations made by the supreme court above assist us in scanning the work put in by the petitioners in the present ..... the public service commission and they were getting higher salaries. the main question involved in that case was whether the petitioners were entitled to equal remunerations as compared with the respondents. the contention of the state of haryana was that the petitioners were temporary employees recruited for a particular ..... having regard to the temporary nature of the scheme. we are unable to comprehend how this factor can be invoked for violating 'equal pay for equal work' doctrine. whether appointments are for temporary periods and the schemes are temporary in nature is irrelevant once it is shown that ..... the non-qualified chargeman grade i must also get the same generation allowance.22. in the petition the petitioners have claimed not only the advantage of equal generation allowances, but also of other fringe benefits. these fringe benefits are detailed in general orders no. 96 and 97. the other fringe benefits .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1996SC2764; [1996(74)FLR2386]; JT1996(7)SC438; (1996)IILLJ817SC; 1996(6)SCALE151; (1996)10SCC1; Supp5SCR173; 1996(2)LC513(SC); (1997)1UPLBEC567
..... has to be judged. it was held, after referring to the definition of 'same work or work of a similar nature' in section 2(h) of equal remuneration act 1976, that :the stress is upon the similarity of skill, effort and responsibility when performed under similar conditions. further, as pointed out by mukherji, j. ..... matriculates they too have been performing the very same duties as were being performed by matriculate teachers (petitioners in jaipal). the petitioners invoke the principle of 'equal pay for equal work'. according to them, except the difference in the matter of educational qualifications their is no other distinction between the post held and the duties and ..... of u.p. : (1986)illj134sc and surinder singh v. engineer-in-chief, cpwd : (1986)illj403sc .4. the doctrine of 'equal work for equal pay' is recognised by this court as a facet of the equality clause contained in article 14 of the constitution. the first of the several decisions on the subject is randhir singh v. union of india ..... or overlook this reality. it is not a matter of assumption but one of proof.... it must be remembered that since the plea of equal pay for equal work has to be examined with reference to article 14, the burden is upon the petitioners to establish their right to ..... equal pay, or the plea of discrimination, as the case may be.5. it was observed in the said decision, on the basis of the .....Tag this Judgment!
Court : Delhi
Reported in : 163(2009)DLT557
..... provisions in the factories act, the maternity benefit act, the equal remuneration act, etc). yet, the legislative vacuum and lack of clarity in statute law to address the problem of sexual harassment at the workplace, was ..... of matters relating to-(i) deprivation of women's rights;(ii) non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and developments;(iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare andproviding relief to women,and take up the issues arising ..... sex discrimination act, 1975, and also framed the sexual discrimination and employment protection (remedies) regulations, 1993).65. article 15(3) of the constitution enables the state to legislate special provisions, or frame policies to inter alia, address gender specific concerns. there are gender specific laws, to foster good practices in the work place, and ensure gender equality (special ..... (act no. 20 of 1990). the objective of the commission is to represent the rights of women in india and to provide a voice for their issues and concerns. it has published about and campaigned on several issues that concern women in india, such as dowry, equal representation for women in jobs, politics, religion and the exploitation of .....Tag this Judgment!