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Rajeev Kumar (Professioanl Social worker)     12 November 2009

unequal pay for contract employee of same designation.

Dear All

I found that in the mental hospitals of State government, there is  unequal pay for Clinical Psychologists on contract. Means, if Clinical Psychologist on contract are recieving 8000 in Agra , it is 13000  in gwalior. 16000 in Ranchi.

Here my question is that

1. who decides the payment/ salary  of contract employee?

2. Whether such salary  structure comply the guidlines of any uniform government rules?

3. whether such difference of payment violate the right of employees.?

Please reply me



 11 Replies

aruntrivedi (lawyer)     25 November 2009

File complaint with Labour Commissioner for your jurisdiction who will call upon your employer for solving your problem/complaint.

vivek dhavalikar (advocate high court.)     27 November 2009

contractual appointment are based on contract terms and never governed by statutory rules. hence question of equality  will not come in play. that is to contract amount may differ and vary .

Rajeev Kumar (Professioanl Social worker)     27 November 2009

vivek ji,

please tell  me,

whether employee on contract are not  human being? whether contract  employee are not citizen of india? whether constitution of Indian doesn't apply on them?

they are so miserable creature, whether they don'thave any rights?

vivek dhavalikar (advocate high court.)     29 November 2009

contract is defined in contract act human beings are party to the contract they are supposed to read and understand the contractual terms. and then give their acceptances. after that they r bound as per terms accepted. if one feels aggreived has to walk out from the contract.ignorance of law is no excuse.


Rajeev Kumar (Professioanl Social worker)     29 November 2009

vivek ji again queestion is emerged.

whether any contract is governed by any uniform law or the whim of employer? if is governed by uniform law, then the payment in contract apointment of  same designation in various palces must be same as per Indian constitution also.

if it gives power to employer to decide the salary, then definetely there is high chances of discrimination.

secondely in the era of high competitiveness and unemployment and especially in the situation where majority of appointments are done on contract basis, it is very natural that even qualified people are bound to sign them.

but it becomes laiblity of employer not to encroach thier basic right.

the sum of all, the contract appointment is the violation of human rights in the guise of law, it must be opposed.

John Samuel (Manager)     10 December 2009

A contract is signed by both parties after reading and understanding what is written. There is no point in complaining after signing the contract. The law does not understand emotions. It reads only the written word.

The employers are adopting these kind of unethical practises now. Their argument is to cut cost and make the business (evenif it is Govt. funded) viable.

Rajeev Kumar (Professioanl Social worker)     11 December 2009

Mr. John, thanks for your comment

I agreed with you, nobody can complain after signing the contract, as it must be abide by. my issue was not that.

my issue is, whether contract / appointment letter is always lawful? whether it follow any uniform legal/administrative guidelines?

my issue is to weigh the validity of contract.  as per law contract infringe basic rights of employee.

undoubtely human party even very qualified candidates sign the unfavourable contract but in very adverse condition. in these days where regular post are advertised very less while contract appointment evein govt sector became way of life at large level. therefore  even highly qualified candidates are bound to sign them.

do you think it is ethical?


definetely law doesnot understand emotions, it understand objectivley the written word.

but had the law not understand the emotions, the human rights would not have come in light.


for example in black marketing , people buy thing with consent , but it is totally unethical.

just for cutting cost, run the work as you said (in govt also) contract appointments are done at the cost of exploitation of employee. at the cost of  encrooaching their basic rights. on paper it might seem ethical. but from the perspective of human right, it is exploitation.

Please don't think I am derailing from main agenda. but law expert must think over the aspects  BEHIND THE CONTRACT APPOINTMENT AND BEYOND  THE CONTRACT APPOINTMENT AND ULTIMATELY REEPERCUSSION OF CONTRACT EMPLOYEMENT

thanks and regards



Rajeev Bhatt (Director)     12 December 2009

it is a clear violation of Equal Remunerations Act.Perhaps you may find answer in it.-Rajeev Bhatt

Rajeev Kumar (Professioanl Social worker)     12 December 2009

Dear Rajeev Sir,

I gone through Equal Remunerration act 1976.  where same work is  defined that required same skill, same nature of work. employer is laible to give equal remuneration. but is  given there , there must not be discrimination on the ground of  male/female

while the issue I raised , where the discrimination of salary on the basis of contract employee, even same nature of work, same qualification, same designation.

however discrimination is discrimination, on whatever ground

my query was . is there any law that prevent discrimination of remuneration on other grounds apart from male /female


John Samuel (Manager)     02 January 2010

Thanks for the resposnse and taking the discussion further. Ethics and Law are two different aspects and seldom meet at one point. Blackmarketing is illegal; any contract entered in violation to the law is void. So that situation cannot be equated to this situation.

The issue pointed out by you is totally unethical and it is an exploiation. At the same time there is no legal remedy available.

Through these discussions, the issue should reach somebody in the decision making body and open their eyes. Lets hope that it happens so.



Rajeev Bhatt (Director)     04 January 2010

Dear Mr.Rajeev,

If you look into The Contract Labour (R&A) Act, you may find that it provides for;

1.No one can be put on a contractual appointment if the position calls for a regular nature or perennial type of work.

2.A contractual employee can not be paid less than what his counterparts in permanent position are being paid.

Hope it would suffice your requirements.You may have to check whether provisions of The Contract Labour (R&A) Act apply to the establishment under question.



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