Equal Remuneration Act, 1976

EQUAL REMUNERATION ACT, 1976Bhagwan Dass and Others v. State of Haryana &Ors.

By: Shubham Raj3rd year, B.A.L.Lb.

DSNLU, Visakhapatnam

Object of the Act

By: Shubham Raj, 3rd year, B.A.L.Lb., DSNLU- Visakhapatnam

The Equal Remuneration Act, 1976 aims to provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination, on the ground of sex, against women in the matter of employment and for matters connected therewith or incidental thereto.

Constitutional provisions


The principle of equal work to men and women worker has been gaining increasing acceptance all over the world. In many countries, law have been passed prohibiting discrimination between men and women in matters relating to payment of wages for similar work.

The D.P. State Policy article 39 (d) of the Constitution envisages that the State shall direct its policy, among other things, towards securing that there is equal pay for equal work for both men and women.

Constitutional provisions continued..


Article 16(2) makes a specific mention that “no citizen shall on ground only of ….sex …be ineligible for or discrimination against in respect of any employment or office under state.”

In the International Women’s Year, the President of India promulgated the Equal Remuneration Ordinance, 1975 on 26th September, 1975 to provide for the payment of equal remuneration to men and women workers

The Statute


3 ChaptersI. Preliminary(§§ 1- 3)II. Payment of remuneration at equal

rates to men and women workers and other matters(§§ 4-7)

III. Miscellaneous (§§ 8- 18)

Chapter I (Preliminary)


§ 1. Short title and extent

Called- the Equal Remuneration Act, 1976 Whole India 3 years from passing of the Act

§ 2. Definitions

Chapter I


§ 3. Overriding effect of the Act- The provisions of this Act Shall Have effect notwithstanding anything inconsistent therewith contained In any other law or in the terms of any award, agreement or contract of service, whether made before or after this Act

Chapter- II


§ 4. Duty of employer to pay equal remuneration to men and women workers for same work of work of a similar nature.

§ 5. No discrimination to be made while recruiting men and women workers for same work or any work of similar nature.

Except where the employment of women in such work is prohibited or restricted by or under any law.

Chapter- II continued…


§ 6. Advisory Committee one or more instituted to provide increasing employment

opportunities by the AG Shall consist of 10 or more members half of which

should be women. Members nominated by AG



§ 7. Power of appropriate Government to appoint authorities for hearing and deciding claims and complaints.

Officer not below the rank of Labour Officer will be appointed by the appropriate Government for hearing and deciding claims and complaints

Complaints in contravention of the Act & claims arising out of non-payment of wages at equal rates

Will have powers of Civil Court

Chapter- III


§ 8. Duty of employers to maintain registers§ 9.1. Inspector- appointed by AG§ 9.2.Deemed to be a PS u/s. 21 of IPC§ 9.3. Powers of inspector Enter the premises at aby time Ask for the production of muster roll and register Take evidence to ascertain the adherence of the Act. Examine employer or any one in-charge Make copies or take extracts from any document.

Chapter- III continued…


§ 10. PenaltiesSimple imprisonment upto one month or fine upto

Rs.10,000 or both when the employer- omits or falls to maintain any register or other document

in relation to workers. omits or fails to produce any register, muster-roll or

other document. omits or refuses to give any evidence or prevents his

agent, servant, etc. from giving evidence, or omits or refuses to give any Information.



Fine not less than Rs. 10,000 which may extend to Rs.20,000 or imprisonment not less than 3 months which may extend upto one year for 1st offence, and upto two years for second and subsequent offences if any employer-

makes any recruitment In contravention to the provisions of the Act, or makes any payment of remuneration at unequal rates to men and women workers, for the same work or work of a similar nature, or

makes any discrimination between men and women workers in contravention of the provisions of the Act, or

omits or fails to carry out any direction made by the appropriate Government under sub-section (5) of section 6.



§ 11. Offenses by companies: Every person, who at the time of the offense was committed, was in charge of, and was responsible to the company, as well as the company, shall be deemed guilty.

§ 12. Cognizance and trial of the offenses: No court inferior to Metropolitan Magistrate or a First Class Judicial Magistrate shall try offenses related to this Act

Take cognizance of an offense when the court receives a complaint made by the Appropriate Government or an officer duly authorized by it in its behalf or the person aggrieved by the offenses or by any recognized welfare institution or organization.



§ 13 & 14. The CG empowered to make rules for carrying out the provisions of the Act & give directions to the SG to carry out any execution related to the law.

§ 15. Act does not apply in certain cases: When terms and conditions of a women's employment in

complying with the requirements of any law giving special treatment to women or

Special treatment accorded to women in connection with: Birth or expected birth of a child, or Terms & Conditions relating to retirement, marriage or death or to

any provisions made in connection with them

Bhagwan Dass and Others v. State of Haryana &Ors.


The Education Department of the State of Haryana appointed the petitioners as supervisors from time to time since the years 1978 on a fixed salary and continued to treat them as temporary government servants by giving them a deliberate break in service of one day after the lapse of every six-months.

Since they were discharging the works similar to the other Supervisors in the Education Department who had been absorbed as regular government servants, the contended it was violative of Arts. 14 and 16 and prayed for issue of a Writ directing the State Government to give them the same scale of pay and benefits of continuous service, etc. by declaring them to be permanent government servants.

The State Government contended that the petitioners were not full time employees, that their mode of recruitment was different from the mode of recruitment of regular Supervisors, that the nature of functions discharged by the was different from those of the latter and that they had been appointed on six-monthly basis as the posts were sanctioned from year to year in view of the temporary nature of the schemes.



But, The documentary evidence placed on

record established that the petitioners were functioning as fulltime Supervisors.

The Respondent-State has failed to establish its plea that the nature of the duties is different.



Held: Whether appointments are for temporary periods or the Schemes are temporary in nature is irrelevant once its shown that the nature of the duties and functions discharged and the work done is similar the doctrine of 'Equal pay for equal work' is attracted.

Thus, the petitioners are entitled to be paid on the same basis of same pay scale as per which other workers, who are discharging similar duties as Supervisors just like the petitioners, are being paid.

Equal Remuneration Act, 1976

Law

Transcript of Equal Remuneration Act, 1976