Equal pay not automatic, employee must prove discrimination

The right to equal pay for equal work, now a fundamental right under Articles 14 and 16 of the Constitution, is not automatically applicable. An employee seeking parity must actively plead and prove discrimination, similarity of posts, and the absence of any rational basis for the differential treatment, according to settled Supreme Court law analysed on LivLaw.

Courts assess parity on ten primary criteria including the nature of the post, method of recruitment, qualifications, hierarchy in the cadre and the employer's capacity to pay, along with ten secondary factors such as skills, experience, risk and mental requirements. The constitutional courts have laid down a four-factor test for equivalence of posts: nature and duties, responsibilities and powers, qualifications and salary. All four factors must be satisfied.

Even if an employee establishes discrimination, a valid classification based on intelligible differentia with a rational nexus to the policy objective will pass constitutional muster. Courts will not sit in appeal over policy decisions made after consultation with expert committees unless the classification is inherently arbitrary. The burden of proof rests squarely on the employee.