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1 - 10 of 26 (0.44 seconds)Randhir Singh vs Union Of India & Ors on 22 February, 1982
42.4. Persons holding the same
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rank/designation (in different departments), but
having dissimilar powers, duties and
responsibilities, can be placed in different scales
of pay and cannot claim the benefit of the
principle of “equal pay for equal work”
(see Randhir Singh case [Randhir
Singh v. Union of India, (1982) 1 SCC 618 :
State Of Punjab And Ors vs Jagjit Singh And Ors on 26 October, 2016
42.2. The mere fact that the subject
post occupied by the claimant is in a “different
department” vis-à-vis the reference post does not
have any bearing on the determination of a claim
under the principle of “equal pay for equal
work”. Persons discharging identical duties
cannot be treated differently in the matter of
their pay, merely because they belong to
different departments of the Government
(see Randhir Singh case [Randhir
Singh v. Union of India, (1982) 1 SCC 618 :
Orissa University Of Agriculture & ... vs Manoj K. Mohanty on 17 April, 2003
The claimant should have been selected on the
basis of a regular process of recruitment. An
employee appointed on a temporary basis cannot
claim to be placed in the regular pay scale
(see Orissa University of Agriculture &
Technology case [Orissa University of
Agriculture & Technology v. Manoj K. Mohanty,
(2003) 5 SCC 188 : 2003 SCC (L&S) 645] ).
National Aluminium Co.Ltd.& Ors vs Ananta Kishore Rout & Ors on 8 May, 2014
Likewise, if the management and control of two
organisations is with different entities which are
independent of one another, the principle of
“equal pay for equal work” would not apply
(see S.C. Chandra case [S.C. Chandra v. State of
Jharkhand, (2007) 8 SCC 279 : (2007) 2 SCC
(L&S) 897 : 2 SCEC 943] and National
Aluminium Co. Ltd. case [National Aluminium
Co. Ltd. v. Ananta Kishore Rout, (2014) 6 SCC
756 : (2014) 2 SCC (L&S) 353] ).
Mewa Ram Kanojia vs All India Institute Of Medical Sciences ... on 9 March, 1989
42.8. If the qualifications for
recruitment to the subject post vis-à-vis the
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reference post are different, it may be difficult to
conclude that the duties and responsibilities of
the posts are qualitatively similar or comparable
(see Mewa Ram Kanojia case [Mewa Ram
Kanojia v. All India Institute of Medical
Sciences, (1989) 2 SCC 235 : 1989 SCC (L&S)
329] and State of W.B. v. Tarun K. Roy [State of
W.B. v. Tarun K. Roy, (2004) 1 SCC 347 : 2004
SCC (L&S) 225] ). In such a case the principle of
“equal pay for equal work” cannot be invoked.
Grih Kalyan Kendra Workers' Union vs Union Of India And Others on 9 January, 1991
1989 SCC (L&S) 71] and Grih Kalyan Kendra
Workers' Union case [Grih Kalyan Kendra
Workers' Union v. Union of India, (1991) 1 SCC
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619 : 1991 SCC (L&S) 621] ).
S.C.Chandra & Ors vs State Of Jharkhand & Ors on 21 August, 2007
Likewise, if the management and control of two
organisations is with different entities which are
independent of one another, the principle of
“equal pay for equal work” would not apply
(see S.C. Chandra case [S.C. Chandra v. State of
Jharkhand, (2007) 8 SCC 279 : (2007) 2 SCC
(L&S) 897 : 2 SCEC 943] and National
Aluminium Co. Ltd. case [National Aluminium
Co. Ltd. v. Ananta Kishore Rout, (2014) 6 SCC
756 : (2014) 2 SCC (L&S) 353] ).
State Of U.P. & Ors vs J.P. Chaurasia & Ors on 27 September, 1988
42.7. Persons performing the same or
similar functions, duties and responsibilities, can
also be placed in different pay scales. Such as
— “selection grade”, in the same post. But this
difference must emerge out of a legitimate
foundation, such as — merit, or seniority, or
some other relevant criteria (see State of
U.P. v. J.P. Chaurasia [State of U.P. v. J.P.
Chaurasia, (1989) 1 SCC 121 : 1989 SCC (L&S)
71] ).
State Of West Bengal & Anr vs West Bengal Minimum Wages ... on 15 March, 2010
42.13. The parity in pay, under the
principle of “equal pay for equal work”, cannot
be claimed merely on the ground that at an
earlier point of time the subject post and the
reference post, were placed in the same pay
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scale. The principle of “equal pay for equal
work” is applicable only when it is shown, that
the incumbents of the subject post and the
reference post, discharge similar duties and
responsibilities (see State of W.B. v. Minimum
Wages Inspectors Assn. [State of W.B. v. W.B.
Minimum Wages Inspectors Assn., (2010) 5 SCC
225 : (2010) 2 SCC (L&S) 1] ).