Revisiting the Equal Remuneration Act, 1976: Jurisprudential Evolution and Contemporary Challenges

Revisiting the Equal Remuneration Act, 1976: Jurisprudential Evolution and Contemporary Challenges

1. Introduction

The Equal Remuneration Act, 1976 (“ER Act”) constitutes the principal statutory embodiment of the constitutional mandate of equal pay for equal work in India. Enacted to give effect to Article 39(d) of the Constitution and the International Labour Organization’s Equal Remuneration Convention, 1951, the Act has spawned a rich corpus of jurisprudence that continues to shape India’s labour landscape. This article critically examines the legislative scheme and judicial interpretation of the ER Act, with particular emphasis on the Supreme Court’s trajectory from Randhir Singh v. Union of India[1] to State of Punjab v. Jagjit Singh[2], and analyses contemporary challenges that demand doctrinal and policy recalibration.

2. Legislative Genesis and Framework

The ER Act replaced the Equal Remuneration Ordinance, 1975, promulgated during the International Women’s Year. Section 3 accords the Act overriding effect over conflicting statutes, contracts, awards, or instruments, thereby reaffirming its quasi-constitutional stature.[3] Section 4 imposes a duty on employers to pay men and women “the same remuneration … for the same work or work of a similar nature,” while Section 5 proscribes sex-based discrimination in recruitment as well as in post-recruitment service conditions. Section 7 establishes a specialised adjudicatory machinery and allocates the burden of proof in wage-parity claims.

3. Constitutional Underpinnings

Although Directive Principles are ordinarily non-justiciable, the Supreme Court has consistently read Article 39(d) in conjunction with Articles 14 and 16 to render “equal pay for equal work” an enforceable constitutional norm.[4] In Randhir Singh, Justice O. Chinnappa Reddy observed that the doctrine flows directly from the equality clauses and is therefore amenable to judicial enforcement notwithstanding its origin in Part IV.[1]

4. Judicial Construction of the Equal Remuneration Mandate

4.1 Randhir Singh v. Union of India (1982)

The Court equalised the pay scales of driver-constables in the Delhi Police with those of drivers in other Central services, rejecting departmental affiliation as a constitutionally permissible basis for wage differentiation. Importantly, the judgment signalled the migration of the equal-pay doctrine from the realm of policy to that of enforceable right.[1]

4.2 Mackinnon Mackenzie & Co. Ltd. v. Audrey D’Costa (1987)

Interpreting Section 4, the Court held that the employer’s reliance on pre-Act settlements was irrelevant because the ER Act overrides all inconsistent instruments.[5] The Court adopted a functional approach, discountenancing nominal job titles (“Lady Confidential Stenographer” versus “Stenographer”) and focusing on the actual duties performed.[6]

4.3 Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2000)

Though centred on the Maternity Benefit Act, the judgment reiterated that employment status (permanent vs. daily wage) cannot justify denial of statutory benefits.[7] The Court drew an explicit link between the ER Act and broader principles of social justice, foreshadowing later parity claims by temporary employees.

4.4 State of Punjab v. Jagjit Singh (2016)

The Court extended wage parity to temporary workers performing identical functions as their regular counterparts, delineating a four-fold test—identical duties, comparable qualifications, similar responsibilities, and equivalent hierarchical positioning.[2] While the dispute lay outside a pure gender context, the Court rooted its reasoning in the equal-remuneration jurisprudence, signalling the Act’s influence beyond sex-based discrimination.[8]

5. “Same Work or Work of a Similar Nature”: Doctrinal Nuances

Section 2(h) of the ER Act defines the phrase with reference to “skill, effort and responsibility … under similar working conditions” and deems immaterial any differences “not of practical importance.”[9] Judicial application of this definition reveals three recurrent themes:

  1. Functional over formal analysis. Courts disregard titular or classificatory distinctions that mask substantive identity in job content.[5]
  2. Qualitative parity. The doctrine requires more than quantitative similarity; qualitative aspects such as accountability, decision-making, and financial responsibility may justify differential scales.[10]
  3. Evidentiary burden. The claimant must adduce prima facie evidence of parity; once discharged, the burden shifts to the employer to substantiate a reasonable classification.[11]

6. Interface with Allied Labour Statutes

The ER Act does not operate in isolation. Implementation often intersects with:

  • Minimum Wages Act, 1948. In Bijay Cotton Mills, the Court upheld statutory wage floors as reasonable restrictions under Article 19(1)(g).[12] Minimum wages form the baseline upon which equal-pay entitlements are computed.
  • Contract Labour (Regulation and Abolition) Act, 1970. The PUDR cases mandated governmental inspection to ensure ER-Act compliance at construction sites.[13]
  • Maternity Benefit Act, 1961. As illustrated in MCD v. Female Workers, parity in benefits complements wage parity and reinforces substantive equality.[7]

7. Enforcement Architecture and Institutional Challenges

While Sections 7–15 create a dedicated claims mechanism, empirical studies indicate chronic under-utilisation attributable to limited worker awareness, procedural complexities, and inadequate staffing of authority positions. Further, overlapping jurisdiction with industrial tribunals often leads to forum-shopping and protracted litigation.[14]

8. Contemporary Issues and Reform Imperatives

8.1 Horizontal Expansion beyond Sex-Based Discrimination

Post-Jagjit Singh, the principle is increasingly invoked by other vulnerable categories—contract labour, platform workers, and persons with disabilities. Legislative clarification is desirable to harmonise the ER Act with evolving equality jurisprudence.

8.2 Transparency and Pay-Equity Audits

Unlike jurisdictions such as the United Kingdom’s Equality Act 2010, the ER Act lacks compulsory pay-audit obligations. Introducing employer-level disclosure mandates could enhance compliance and evidence-gathering.

8.3 Intersectionality and Indirect Discrimination

The Act’s current framework is anchored in a binary gender paradigm, insufficient to capture intersectional wage gaps experienced by Dalit women, transgender persons, or workers at the informal–formal interface. A broader anti-discrimination architecture, possibly via an Equality Bill, may be required.

8.4 Digital Economy and Non-Standard Employment

The rise of gig platforms complicates traditional employer–employee notions that undergird the ER Act. Judicial adaptation or legislative amendment is imperative to avert regulatory evasion.

9. Conclusion

Four decades after its enactment, the Equal Remuneration Act remains a cornerstone of India’s equality edifice. Jurisprudence has progressively dismantled formalistic barriers, affording substantive content to the right of equal remuneration. Nevertheless, structural infirmities in enforcement and the advent of non-standard labour markets necessitate recalibration. A synergistic approach—combining statutory amendments, proactive judicial interpretation, and administrative vigilance—is indispensable for realising the constitutional promise of equal pay for equal work in its fullest amplitude.

Footnotes

  1. Randhir Singh v. Union of India, (1982) 1 SCC 618.
  2. State of Punjab & Ors. v. Jagjit Singh & Ors., (2017) 1 SCC 148.
  3. Equal Remuneration Act, 1976, s. 3.
  4. See Maneka Gandhi v. Union of India, (1978) 1 SCC 248, para 7 (reading equality and reasonableness into Article 14).
  5. Mackinnon Mackenzie & Co. Ltd. v. Audrey D’Costa, (1987) 2 SCC 469.
  6. Ibid., holding that contractual settlements cannot override Section 4.
  7. Municipal Corporation of Delhi v. Female Workers (Muster Roll), (2000) 3 SCC 224.
  8. For subsequent reliance, see A.K. Behera v. Union of India, (2010) 12 SCC 471, para 108.
  9. Equal Remuneration Act, 1976, s. 2(h).
  10. State of M.P. v. Pramod Bhartiya, (1993) 1 SCC 539.
  11. Supreme Court Employees’ Welfare Assn. v. Union of India, (1989) 4 SCC 187.
  12. Bijay Cotton Mills Ltd. v. State of Ajmer, AIR 1955 SC 33.
  13. People’s Union for Democratic Rights v. Union of India, (1982) 2 SCC 494; (1982) 3 SCC 235.
  14. On procedural hurdles, see Chinnathambi v. Presiding Officer, Labour Court, 1999 (Mad) (discussing forum competence under s. 7, ER Act).