New Delhi, October 30
In the wake of the Supreme Court being flooded with cases by workers claiming equal pay for equal work, the apex court has redefined the law on it holding that there has to “total and complete” identity between the employment of two persons for applicability of the principle.

“There should be complete and total identity between the two persons (employees) similarly situated so as to grant equal pay for equal work…the principle of equal pay for equal work has undergone a sea change,” a Bench of Justices A.K. Mathur and Markandey Katju ruled, while deciding a dispute between daily wager and regular employees of the Punjab government.

For claiming the right of equal pay for equal work, the most important factor was the mode of appointment, whether an employee got the job through an appointment procedure laid down in the law or got a back door entry.

It said a person who got appointed as a daily wager without passing through the laid down rules and procedure could not be equated with an employee who had undergone the selection process of a regular employee, the court said.

The selection process thus was the main criteria for determining the “total and complete” identity of the employment of two persons, it said.

“Even if a daily-wage employee is discharging the same functions as a regular employee, the authorities are not bound to grant equal pay to such a person who is appointed on daily wage,” the court ruled.

The court said it was apparent that at the time of engaging daily wager the appointing authority had in mind to hire him for a short duration and the most important factor was that he never has undergone the selection process, laid down as per the appointment rules and procedure.

The issue arose from the Punjab government appeal, challenging a judgement of the Punjab and Haryana High Court directing the state to pay salary to tractor drivers hired on daily wages equal to those who were appointed on a regular basis through proper appointment procedure.

“The high court granting pay scale of regular employees to the daily-wage employees does not appear to be well founded,” the apex court said setting aside the impugned judgement.