‘Equal work, equal pay’ applies only within same institution: Madras high court | India News

CHENNAI: The principle of equal pay for equal work applies only when employees work in the same establishment under identical service conditions, Madras High Court said“There can be no comparison when it comes to public sector undertakings as well as employees working in government departments. Since the service rules are separate and distinct, the question of applying the principle of equal pay for equal work does not arise,” the High Court observed.A division bench of Justices SM Subramaniam and C Kumarappan set aside a single judge’s order directing the government to pay equal pay to linemen employed by Arasu Rubber Corporation Limited, a public sector undertaking owned by the Tamil Nadu government.“Government instructions issued on various occasions since 2010 indicate that the revised scales of pay of corporation employees should not be implemented at par with government employees, and should seek approval from the government,” the bench said. A PSU is fully funded by the government and therefore, financial constraints have to be considered by the government, the bench said.“No doubt, equal pay for equal work was considered by the court, but the principle applies if the employees are working in the same establishment and the duties and responsibilities are the same and there can be no comparison in the case of public sector undertakings as well as employees working in the public sector,” the bench said.