Question

The term 'equal pay for equal work' is a __________.
A. Directive Principle of State Policy
B. Statutory provision in Labour Law
C. Fundamental right
D. Matter of state to pass a bill

Answer 1

Hint: We must remember that the doctrine of equal pay for equal labour for men and women illustrated in Article 39(d) of the Constitution was foremost evaluated in Kishori Mohanlal Bakshi vs Union of India in 1962 . The Supreme Court then announced that it was not proficient in being implemented in a bench of law.

Complete answer:
We have to remember that the equal pay for equal work pertains when there is “equal work” implying the labourers perform substantially the exact type of job in the exact organization, the job requires substantially the equivalent skill, effort and obligation and is executed under similar operating circumstances.
We have to know that the Directive Principles of State policy are impressive, but not enforceable by law. But there is one, equal pay for equal work that has been so far made enforceable by the Supreme Court.
The tenet of equal wage for equal jobs for men and women illustrated in Article 39(D) of the Constitution was primarily evaluated in Kishori Mohanlal Bakshi vs Union of India in 1962. The Supreme Court then asserted that it was not eligible to be implemented in a tribunal of law. However, the circumstance altered in 1982 , when in Randhir Singh vs Union of India it was unequivocally answerable that the belief was not an abstract principle and could be executed by examining into it the equality doctrines enshrined in Articles 14 and 16 .

The judiciary went so distant as to say that even an everyday wage worker who is fulfilling commitments similar to regular workers is authorized to the equivalent pay. However, the Supreme Court seized another fling by 1988 and drifted round to the view that the belief cannot be implemented and it should persist only as a guiding expert for the law creators and court. For the same intention there is an act “Equal Remuneration Act of 1976 ”, but the ordinance has been substantiated toothless so far.

Hence, the correct answer is option (A).

Note:We must remember that the equality before law which is comprehended in labour laws as Equal pay for Equal work. It does not imply that article 14 is perfect. There are a few peculiarities in it considering labour legislations such as physical proficiency, unskilled and skilled labours shall collect income according to their worth.
In the case of Randhir Singh vs Union of India, the Supreme Court asserted that even though the tenet of equal pay for equal work is not specified in the Constitution of India, it is an objective which is to be accomplished.