Equal pay for equal work has assumed the status of a fundamental right in service Jurisprudence: Jharkhand HC

On 21st October 2020, Justice Dr. SN Pathak of the Jharkhand High Court stated that, “Equal pay for equal work is not expressly declared by the Constitution as a fundamental right but in view of Directive Principles of State Policy, as contained in Article 39(d) of the Constitution of India, “Equal pay for equal work” has assumed the status of fundamental right in service jurisprudence having regard to the Constitutional mandate of equality in Articles 14 and 16 of the Constitution of India.”

The Court in accordance with the facts of the case ordered that, 

Since the workman has already superannuated from his service on and from 23.01.2018 on attaining his age of 60 years, he is entitled to all the benefits in terms of the Award dated 08.05.2009, announced on 27.05.2009, passed by Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad, passed in Reference Case No. 76 of 1997 i.e. full back wages after regularization of his services as a Hindi Typist since 13.12.1991 and pay protection from 08.05.1984.”

The Court mentioning about the jurisdiction stated that the orders of the Tribunal can only be interfered if there is gross illegality and the order is perverse and without jurisdiction. “Nothing has been argued nor brought on record to show that the order passed by the Tribunal is without jurisdiction and is full of illegality and is perverse. This Court, sitting under Article 226 and 227 of the Constitution of India can only interfere if the aforesaid elements are attracted.”

Considering facts and circumstances, Court is in full agreement with the Award passed by the learned Tribunal and no interference is warranted by this Court in the impugned Award.