As we all know that the Equal Remuneration Act, 1976
provides for the payment of equal remuneration to men and women workers for the
same work or work of a similar nature and for the prevention of discrimination
on the ground of sex against women in the matter of employment. But it does not
mean that said Act’s this provision will be applicable in case where in one organization
two employee viz. one male and another female, working for same type work but if
male employee has more experience as compared to female employee, and if said female employee demands same
salary of male employee on the basis of the Equal Remuneration Act, 1976, then
in that case her claim will not be tenable under the Act for the simple reason
that what is not permissible under section 4 of the Equal Remuneration Act,
1976 is discrimination on the basis of sex.
Thus, section 4 of the Act does not contemplate that there
can be no discrimination at all between men and women in the matter of
remuneration. Therefore, the
discrimination in the matter of remuneration as mentioned above is not on basis
of sex but rather it is on the basis of experience which is permissible.
To get the supporting case law for this do write us on
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