The record
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- The Supreme Court of India has ruled that employees cannot demand equal pay solely based on performing identical duties.
- The court clarified that pay parity requires establishing equality across multiple factors including recruitment method, educational qualifications, experience, and job responsibilities.
- This decision concluded a long-standing dispute involving secondary school teachers in Kerala, where the court upheld pay differences due to varying experience levels between teacher groups.
Who said what2
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Dipankar Datta
2 quotes · 1 outlet
“Equal pay cannot be claimed by merely showing identical work”
In the article
…earlier approach under which similarity of work could be enough to seek parity. Today, the doctrine requires courts to examine whether the two groups of employees are equal in all material respects, the bench said. “ Equal pay cannot be claimed by merely showing identical work ,” said the bench, laying down the factors that a claimant-employee must establish for seeking parity. These include parity in the source of recruitment, educational qualifications and experience, appointment through a…
“If there is complete parity qua all such factors and should equal pay be claimed for equal work of equal value, the writ court can intervene and grant appropriate relief; otherwise not”
In the article
…full-time status and benefits they had enjoyed before their promotion. The bench said the doctrine can certainly be enforced by constitutional courts, but only after considering the host of factors governing parity. “ If there is complete parity qua all such factors and should equal pay be claimed for equal work of equal value, the writ court can intervene and grant appropriate relief; otherwise not ,” it said. The bench went on to dismiss the appeals filed by the directly recruited teachers, affirming the Kerala High Court’s 2011 judgment that had denied them parity with the promoted and transferred teachers. -…
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Named India · Kerala · Dipankar Datta · Kerala High Court · Sheel Nagu · Supreme Court of India
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