The Himachal Pradesh High Court has held right of 'equal pay for equal work' is an absolute right, the provision of which envisaged under Article 39(d) of the Constitution can be legally enforced.
The single-judge bench of Justice Chander Bhusan Barowalia while dealing with a writ petition filed seeking equal pay at par with another Librarian and Assistant Librarians of the Education Department, observed:
"Article 39(d) of the Constitution of India provides for equal pay for equal work. This right of the person for equal pay for equal work is recognized as a fundamental right by various pronouncements of the Apex Court and the law is settled that the right to equal pay for equal work is a constitutional enforceable right."
The Court after appreciating the facts of the case, the Court observed that the peittioner who works as Librarian in Technical Education Department was held to be entitled to the pay scale at par with the Assistant Librarians in Education Department with all consequential benefits.
The Court stated that the duties and responsibilities of the Assistant Librarians, who were given the higher pay scale and who were working in the Technical Education Department are the same to that of the petitioner and so the petitioner cannot be denied the equal pay for equal work.
"The petitioner is protracted litigation since long and he has retired from the service in the year 2007 and in these circumstances it is a fit case where the respondents are required to be directed to grant equal pay for equal work and to grant the scale of Assistant Librarian as was given to other similarly situated persons in P.K. Kaushal’s case."
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