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2009 DIGILAW 663 (SC)

Association of Employees of National Productivity Council v. Chairman, National Productivity Council

2009-03-27

AFTAB ALAM, S.H.KAPADIA

body2009
ORDER : 1. Leave granted. By consent the matter has been taken up for final hearing. 2. In the case of State of Haryana and Ors. v. Charanjit Singh and Ors. reported in, (2006) I LLJ 431 SC to which one of us (Hon'ble Kapadia, J.) was a party, it has been held by this Court that the doctrine of "equal pay for equal work" will not apply automatically in every case. In cases where parity of wages is claimed by the workmen, the Management can be directed to constitute what is called as an Equi-Valance Committee which will decide the question of parity after examining the nature of work, the nature of responsibility and the hierarchy. This exercise has not been undertaken in this case. 3. Consequently, we are directing the Management to appoint an Expert Committee. Before that Committee, the workmen will appear. They will place all the relevant material before that Committee including the Resolution of the Board of Directors of the Company dated 1st November, 1992. 4. In the meantime, an interim settlement has been entered into between the Management and the workmen. That settlement is taken on record. The settlement will operate till the Equi-Valance Committee decides the question of pay parity. 5. Accordingly, this civil appeal is disposed of with no order as to costs. Appeal allowed.