N.M.KASLIWAL, B.P.JEEVAN REDDY, KULDIP SINGH
State of M. P. – Appellant
Versus
Pramod Bhartiya – Respondent
B.P. Jeevan Reddy, J. -- 1. Equal pay for equal work, it is self evident, is implicit in the doctrine of equality enshrined in Article 14, it flows from it. Because clauses (d) of Article 39 spoke of "equal pay for equal work for both men and women" it did not cease to be a part of Article 14. To say that the said rule having been stated as a directive principle of State policy is not enforceable in a Court of Law is to indulge in sophistry. Parts IV and III of the Constitution are not supposed to be exclusionary of each other. They are complementary to each other. The rule is as much a part of Article 14 as it is of clause (1) of Article 16. Equality of opportunity guaranteed by Article 16 (1) necessarily means and involves equal pay for equal work. It means equally that it is neither a mechanical rule nor does it mean geometrical equality. The concept of reasonable classification and all other Rules evolved with respect to Articles 14 and 16 (1) come into play wherever complaint of infraction of this Rule falls for consideration. This is the principle affirmed in Randhir Singh v. Union of India & Ors [1982 (1) SCC 618] as well as in the subsequent decisions of this Court
1. Randhir Singh v. Union of India & Ors = [1982 (1) SCC 618]
4. Dhirendra Chamoli = [1986 (1) SCC 637]
5. Suriendra Singh = (1986 (1) SCC 639)
6. Jaipal = [1988 (3) SCC 354]
8. Welfare Association v. Union of India = (AIR 1990 SC 334)
9. Dhirendra Chamoli v. State of U.P. = [1986 (1) S.C.C. 637]
10. Mckinnon Mackenzi v. Andrey DCosta = `[1987 (2) SCC 469]
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