EQUAL REMUNERATION ACT,1976

A PRESENTATION BY
NARAYAN CHANDRA SARANGI, PhD
Associate Professor, XaHR
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 EQUAL REMUNERATION ACT,1976

• A central enactment which primarily seeks to

implement the constitutional mandate of non-
discrimination on the basis of sex as envisaged
under Article 15 of the Indian Constitution;
• The Act also embodies the mandate envisaged
under Article 39(d) of the Indian Constitution,
which provides for equal pay for equal work
for both men and women.

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 EQUAL REMUNERATION ACT,1976

• Definition:

• “Remuneration” means the basic wage or

salary and any additional emoluments
whatsoever payable, either in cash or in kind,
to a person employed in employment, if terms
of employment, whether express or implied
were fulfilled.

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 EQUAL REMUNERATION ACT,1976

• The Act prohibits remuneration at rates less favorable than

those at which remuneration is paid to the workers of the
opposite sex for performing the same work or work of a
similar nature.
• The Act also prohibit discrimination in recruitment for the
same work or work of a similar nature, except where the
employment of women in such work is prohibited or
restricted by law
• Subsequent to 1987 amendment, the Act also prohibit
discrimination in service subsequent to recruitment such as
promotions, training or transfer etc.

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 EQUAL REMUNERATION ACT,1976

• IMPLEMENTATION OF THE ACT: Central Sphere:

• The Act is being implemented by the Central Government in relation to any employment
carried on by or under the authority of the Central Government or a railway administration, or
in relation to a banking company, a mine, oil field or major port or any corporation
established by or under a central Act.

In the Central sphere, the enforcement of Equal Remuneration Act, 1976 is entrusted to the
Chief Labour Commissioner (Central) who heads the Central Industrial Relations Machinery
(CIRM).
• The Central Government has appointed Labour Enforcement Officers as Inspectors for the
purpose of making investigation by causing production of relevant registers/records as to
whether the provisions of the Equal Remuneration Act, 1976 are being complied with by the
employers, who are required to maintain the roll of employee in Form-D.
• Assistant Labour Commissioners have been appointed as authorities for the purpose of
hearing and deciding complaints with regard to the contravention of any provision of the Act,
claims arising out of nonpayment of wages at equal rate to men and women workers.
• The Regional Labour Commissioners have been appointed as appellate authorities to hear
complaints in respect of cases decided by the ALCs. 5
 EQUAL REMUNERATION ACT,1976

• State Sphere:
• In respect of all employments other than those where
the Central Government is the appropriate government,
the implementation rests with the State Governments.
• In the case of employments where the State
Government are appropriate authorities, the
enforcement of the provisions of the Act is done by the
officials of the State Labour Department.
• The Central Government monitors the implementation
of the provisions of the Equal Remuneration Act, 1976
by the State Governments.

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 EQUAL REMUNERATION ACT,1976
• Three month SI & Fine up to Rs10000 or
both:
• WHEN AN EMPLOYER:
• omits or falls to maintain any register
or other document in relation to
workers.
• omits or fails to produce any register,
muster-roll or other document.
• omits or refuses to give any evidence
or prevents his agent, servant, etc.
from giving evidence, or
• omits or refuses to give any
Information.
• FINE OF Rs 500/-
• WHEN AN EMPLOYER:
• On omission or failure to produce any
register or record.
• Fine not less than Rs. 10,000 which may extend
to Rs.20,000 or imprisonment not less than 3
months which may extend upto one year for 1st
offence, and upto two years for second and
subsequent offences.
•
WHEN AN EMPLOYER:
• makes any recruitment In contravention to
the provisions of the Act, or
• makes any payment of remuneration at
unequal rates to men and women workers,
for the same work or work of a similar
nature, or
• makes any discrimination between men
and women workers in contravention of
the provisions of the Act, or
• omits or falls to carry out any direction
made by the appropriate Government
under sub-section (5) of section 6.
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LEADING CASES ON EQUAL REMUNERATION ACT,1976

• The Supreme Court of India in Randhir Singh vs. Union of

India(1982) recognized the doctrine of equal pay for equal
work in India and said that doctrine is not a mere demagogic
slogan but it is a constitutional goal capable of being achieved
through constitutional remedies by enforcement of
fundamental right. Article 39(d) of the constitution proclaims,
as a directive principle, the constitutional goal of equal pay for
equal work for both men and women.

• M/s Mackinnon Mackenzie and Co. Ltd. vs. Audrey

D'costa and other[1987 AIR 1281]:

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EQUAL REMUNERATION ACT,1976

THANK YOU