The principle of “Equal Pay for Equal Work” forms a
cornerstone of social and economic justice within India’s labour jurisprudence.
It emphasizes that employees performing the same or similar work should receive
identical remuneration, regardless of gender or status. Rooted in Articles 14,
16, and 39(d) of the Constitution of India, this doctrine transcends the
boundaries of a mere moral aspiration and has evolved into a judicially
enforceable right. Through landmark judgments such as Randhir Singh v. Union of
India and State of Punjab v. Jagjit Singh, the judiciary has affirmed that wage
discrimination violates the fundamental right to equality. Legislatively, India
has institutionalized this principle through the Equal Remuneration Act, 1976,
which explicitly prohibits wage discrimination and promotes gender equality in
employment. The subsequent Code on Wages, 2019 consolidated this framework,
reaffirming non-discrimination in wages and extending protection across both
organized and unorganized sectors. Complementary statutes such as the Minimum
Wages Act, 1948 and the Payment of Wages Act, 1936 further strengthen the
foundation of fair wage practices by ensuring minimum wage standards and timely
payments.
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