SANJEEV KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition under article 226 of the constitution of India, the petitioners seek the application of doctrine of 'equal pay for equal work' by treating the petitioners who are employees of the bureau of Indian standards (bis)/respondent nos.2 to 4 as to be similarly placed with the similar employees of government of India and thus for petitioners to be paid the same pay-scales as granted to similarly placed central government employees.

(2.) Originally there were total of seven petitioners. Petitioner no.1 has not pressed the writ petition, and therefore, the writ petition has to be decided so far as petitioner nos.2 to 7 are concerned. These petitioner nos.2 to 7 were appointed by the employer/respondent nos.2 to 4, and they are working at the following posts :- <FRM>JUDGEMENT_114_LAWS(DLH)3_2017.htm</FRM>

(3.) The law with respect to claim of application of doctrine of 'equal pay for equal work' is now well settled as per the ratios of various judgments of the Supreme Court and which will be referred to hereinafter. In addition to the other guiding principles which have been laid down in the Supreme Court judgments, some of the important principles for applying the doctrine of 'equal pay for equal work' are that the eligibility criteria for appointment of the two posts must be same, scope of duties in both the posts must be the same and even in such cases in certain circumstances it is possible that doctrine of 'equal pay for equal work' will not apply, identity of hierarchy of posts have to be seen with respect to the posts where the claimants/petitioners are working with the hierarchy of posts in the other posts which are compared to, that the issue of fixation of pay-scale is a technical and complex matter and this is best left to the expert bodies and Court should seldom embark upon this exercise, and finally that there cannot be application of doctrine of 'equal pay for equal work' within posts of different organisations and even posts in different geographical organisations located under the same management.