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josephmartin (engineer)     25 June 2011

contempt petition and further developements

Is it possibly by the respondents to bring ,any documents  or evidence and new developments happened after the verdict in the case and the new developments happened after receipt   of the contempt petition notice by the respondents to  to the notice of the court ( the court that hearing contempt petition ) at the time of the contempt petition trial proceedings proceedings 



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 6 Replies

pratik (self working)     25 June 2011

like to know.


(Guest)

Write down your whole facts after that we can guide you further.

1 Like

josephmartin (engineer)     25 June 2011

In oue case  SC uphold the vedict of CAT & High court for giving equal pay for equal worck ( We demanded pay parity with our coleaues who are enjoying highher scales than us).Since the government didnt implimented the verdict after 3 months after the SC vedict, we filed the contempt petition case in CAT, and hearing is on july 19,2011. But now after getting the notice in contempt petition for non implimentation of SC order for pay parity to us , the government is now trying to revert the higher  scales already got by our sother colleagues ,and thus trying deny upgraded scales to the us.Is it legally possible to do such things to over reach the SC verdict ,especially quoting developements happened after the receipt of the notice for contempt case.


(Guest)

@josephmartin

My dear friend if you have read Indian constitution then you will get your answer.

 

equal pay for equal work is included in state duty. Directive Principles of StatePolicy Article 39 (c)

 

Govt may try to implement this steps but they are not answerable to court .I mean if the govt. are not working properly you are not take action against govt. for this.

 

 

some difficulties faced by courts in applying the said principle:

 

There are several difficulties that courts in India face when comparing and evaluating the work of different people in different organizations or even in the same organization.

 

The quality of work produced by two people in the same organization is different. For the same reason, applying this principle of equal pay for equal work is difficult. The party making the claim has to prove that all things are equal but proof is usually not measurable in courts.

 

No material is provided to the courts to prove that there is a substantial claim for relief based on the duties of the twin categories, those who are asking for equal pay and those who are alleged to be already having equal pay.

josephmartin (engineer)     25 June 2011

sir we have won the case inn supremecourt. My question is that ""Is it possibly by the respondents to bring ,any documents  or evidence and new developments happened after the verdict in the case and the new developments happened after receipt   of the contempt petition notice by the respondents to  to the notice of the court ( the court that hearing contempt petition ) at the time of the contempt petition trial proceedings proceedings """Please answer it.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 June 2011

 

What I understand from your post is that a group of employees were getting more salary than another doing similar work. The group getting lesser pay went to the Tribunal, High Court and Supreme Court. Everywhere they won the case on equal pay for equal work basis. Now the Government is trying to bring parity by reducing the pay of those who were getting higher pays, rather than raise the pay of those who were getting less. You are asking whether they can do that after all the happenings.

Well this is matter which only the court can decide and it will very much depend on the arguments put forward by the Government lawyer and your lawyer.

 Are those who were getting higher pay, accepting lower pay now? Will they not go to court?

What advocate Vyas says is applicable only when one individual is compared with another and not when two groups are compared?

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