This highlights the important provisions on Equal remuneration Act, 1976 with important legal provisions stating historical background, constitutional validity, salient features of the act, powers, judicial outlook and recommendations

1. Name : Sussana
Registration No: 11613770
Submitted to: Asst. Prof. Ekta Yadav

2. INTRODUCTION
 Inequality to women has been a perpetual feature in our socio-
culture since long reason being male domination. It has even
entered into the wage structure.
 The central and state have made various labour legislations and
object of these legislations is not only to protect the weaker section
of the society but also to provide preferential treatment in matters of
employment and other fields to uplift the women upto the level of
economically self-sufficient.
 Equal pay for men and women for work of equal value is one of the
directive principles of the Indian Constitution and the ILO has also
adopted a convention on this subject which has been ratified by
India. Among justice, economic justice reigns supreme
 The idea of economic justice means that there will be no distinction
between men and men from the stand point of economic value. It
means equality of rewards for equal work. Everyone should get his
just reward in return of his labour.
 The equal remuneration act of 1976, provides for the payment of
equal remuneration to men and women workers for the same
worker or work is a similar nature and for the prevention of
discrimination against women in the matter of recruitment.

3. Historical Background
The labours in the ancient agrarian society were in a better position. However, during the middle
ages, due to the emergence of feudal system, the condition of labour deteriorated. However, a
historic event, which took place in Great Britain in 18th century, was the advent of ‘Industrial
Revolution’. The industrial revolution soon spread to its neighbouring status and by the end of 19th
century covered most part of globe. Newly invented machines that caused industrial revolution pave
way for the mass production of good in short period of time and provided mankind with material
comforts, brought within its wake a number of problems for the workers also.
Thus in the beginning of industrialization to achieve maximum profits by the owner of the
industries, freedom of contract in competitive market and policy of non-interference, by
the laissez-faire form of State weaved a pattern of exploitation for the industrial worker.
The factory system brought with it many mal-labour practices regarding working conditions in
factories. As a compromise between the radical and conservative shades of public opinion, the
first Factory Act for regulating the conditions of labour in factories was passed in 1881. After
amendments factory Act of 1911, 1934 and 1948 was analysed and reached to the conclusion
that there was no scope for the equal pay for equal work in these Factory Act.

4. The ILO Convention(No. 100) “pay equity” as a fundamental right of workers. On 29th June, 1951 the ILO adopted
the Equal Remuneration Convention, which requires each member to ensure the application of the principle of
equal remuneration for men and women worker for the work of equal value. The principle is also enshrined in the
Constitution of India as a directive principle of State policy under Article 39(d). The framers of the Indian
Constitution were well aware about inequalities regarding pay parity.
The Convention on the Elimination of all forms of Discrimination against Women (CEDAW), which was adopted by the UN
General Assembly on 18 December, 1979 too recognizes “pay equity” as a right of women in Article 11. The European
Economic Community Act (originally signed on March 25, 1957) too makes a provision for equal pay for equal work or
work of equal value for men and women. The Social Summit of Copenhagen in 1995 led to the adoption in 1998 of the
ILO declaration on Fundamental Principles and Rights at Work (FPR).
the Equal Remuneration Ordinance was promulgated in 1975 to give effect to the Constitution provisions and
the I.L.O. Convention no. 100 of 1951 in the International Women Year. The Ordinance was replaced by the
Equal Remuneration Act, 1976 seeking to provide for payment of equal remuneration to men and women
workers for payment on discrimination on the ground of sex.
The Equal Remuneration Act, 1976 provides for payment of equal remuneration to men and women and help
prevent gender discrimination. Article 39 of the Indian Constitution envisages that the States will have a policy
for securing equal pay for equal work for both men and women. An Act to provide for the payment of equal
remuneration to men and women workers and for the prevention of discrimination, on the ground of sex, against
women in the matter of employment and for matters connected therewith or incidental thereto.

5. Constitutional Validity
The Preamble of the Constitution provides for
Justice and Equality to all.
 Article 14 equality before law
 Article 15 guarantees a right against
discrimination
 Article 15(3) recognizes ‘protective
discrimination’ to bring women at par with
men in all possible respects.
 Article 16 provides right to equal
opportunity regarding public employment
irrespective of the sex of the person.
 Article 39(a) states that the citizens, men,
and women, equally, have the right to an
adequate means of livelihood.
 Article 39(d) “that there is equal pay for
equal work for both men and women”.
The Doctrine of ‘equal pay for equal work’ is not
a fundamental right but a Constitutional right.
Equal remuneration for men and women is the
right of an employee without any qualification

6. Salient
features
of E.R.A
,1976
The Act is a Central
Legislation and
applies to the whole
of India.
• When the employer doesn’t
comply with the provisions of
the act, he will be liable to pay
fine, imprisonment, or both.
The Act doesn’t make a distinction
like employment or the period of
employment and applies to all
workers even if engaged only for a
day or few days.

7. IMPORTANT PROVISIONS
The implementation of the Equal Remuneration Act, 1976 is done at two levels: Central
Sphere & State Sphere
“Same work or work of a similar nature” [Sec. - 2(1) (h)] The term “same work or work of a
similar nature” is defined under the Act as work in respect of which the skill, effort and
responsibility are the same, when performed under similar working conditions, by a man or a
woman and the differences, if any, between the skill, effort and responsibility required of a
man and those required of a woman are not of practical importance in relation to the terms
and conditions of employment.
Section 3: Act to have overriding effect
The duties of the employer under the Act:
a) Section 4: The duty of the employer to pay equal remuneration to both men and
women workers for same work or work of similar nature
b) Section 5: No discrimination to be made while recruiting men and women workers
c) Section 8: Maintaining a Register
Advisory committees Section 6: Section 6(1) of the Act states that an Advisory committee
must be created which will aid the purposes increasing employment opportunities. The
advisory committee must consist of at least 10 people, which will be nominated by the
appropriate government. Women must consist of one-half of this committee Section 6(3)
states, the factors which make a difference in the decision. After consideration of all these
factors, the committee must decide in bringing the appropriate norms in effect. The advisory
committee will work towards bringing reforms by understanding the requirements of the
employees

8. Offences and Penalties: Section 10 and section 11:
Offence Penalty
Employer omits/fails to
-maintain the register
-produce the register and other relevant documents
-give evidence
-give any information
Maximum: Rs 10,000
OR
Maximum Imprisonment: 1 month
OR
Both
Claims and complaints:
Section 7: Power of appropriate Government to appoint authorities for hearing and
deciding claims and complaints not below the rank of a Labour Officer. Complaints with
regard to the contravention of any provision of this Act; the hearing shall be with regard to
Complaints with regard to the contravention of any provision of this Act and Claims arising
out of non-payment of wages at equal rates to men and women workers for the same work
or work of a similar nature.
Section 8 - Inspectors :The appropriate Government may, by notification, appoint such
persons as it may think fit to be Inspectors for the purpose of making an investigation as to
whether the provisions of this Act, or the rules made thereunder, are being complied with by
employers, and may define the local limits within which an Inspector may make such
investigation. An Inspector may, at any place within the local limits of his jurisdiction, - Enter
Premises, require production of documents, take evidence on spot and Make copies of
required documents etc.

9. Section 12: Cognizance and trial of offences: Section 12 of the Act was amended in 1987, with the Equal
Remuneration (Amendment) Act, 1987. It suggests that Metropolitan Magistrate or a Judicial Magistrate of the first
class will be the authority at the lowest position for reviewing such a case under the Act.
Powers:
a. Section 13: Power to make rules
b. Section 14: Power of Central Government to give directions
c. Section 16: Power to make declaration
d. Section 17: Power to remove difficulties
Employer makes
-any recruitment in contravention of the provisions of this act
-any payment of remuneration at an unequal rate for the same
work or work of similar nature
-any discrimination between a man and a woman
-an omission to carry out the directions made by the appropriate
government.
Minimum: Rs 10,000
Maximum: Rs 20,000
OR
Minimum Imprisonment:3 months
Maximum Imprisonment:1 year
OR
Both
Note: The maximum period of 1 year shall be replaced by 2 years for
the 2nd, 3rd and 4th offence.
Failure to produce the register or any other document or to give any
information to the Inspector
Maximum: Rs 500

10. Judicial Outlook
In the case of Air India Vs
Nergesh Meerza & Ors ,(1981) 4
SCC 335it was held that Prohibit
discrimination on ground of sex
alone and not on the ground of
sex coupled with other
considerations
The landmark decision of the Supreme
Court in Randhir Singh vs. Union of India
in 1982 which recognized the doctrine of
equal pay for equal work in India and
said that doctrine is not a mere
demagogic slogan but it is constitutional
goal capable of being achieved through
constitutional remedies by enforcement
of fundamental right. Article 39(d) of the
constitution.
in the case of M/s Mackinnon
Mackenzie & Co. Ltd. Vs Audrey
D’Costa & Anr 2 SCC 469 The point
discussed Confidential Lady
Stenographers performing same or
similar work as that of their male
counterparts, hence held that lower
remuneration to Lady Stenographers
violative of S. 4(1) of the ERA (1987).
in the case of State of Madhya Pradesh
& Anr. Vs Pramod Bhartiya & Ors,(1993)
1 SCC 539 the following points were laid
Burden to establish right to equal pay is
on the person claiming the same
In the case of U.P. State Sugar Corpn.
Ltd. and Anr. Vs. Sant Raj Singh and Ors
,(2006) 9 SCC 82 Doctrine of equal pay
for equal work under Article 39 (1)
cannot be applied in vacuum -
constitutional scheme postulates equal
pay for equal work for all those who are
equally placed in all respects

11. Conclusion and Recommendation
The above review suggest that the Act has had limited impact in terms of
ensuring gender equitable wages and more needs to be done to improve
the effectiveness of this Act. Based on the above review, we suggest the
following policy recommendations:
• towards a clearer and a concise definition of the term “same work or
work of a similar nature
• Changes in the law that would enhance its efficacy in the unorganized
sector
• Harsher penalties could help towards discouraging violations of
prosecutions under the Act.
• The focus should also be on policies that promote sharing of family
responsibilities amongst men and women. In this context, the ILO's
mandate on gender equality is of particular importance
• Finally, continued efforts through advocacy and public debate to bring
about a stronger social commitment for equality are needed.