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whether salary discrimination human right violation?

Page no : 2

Theja (Lawyer)     31 October 2009

When fixing pay scales Pvt. Co. consider various things. Our academics, he institute from which we secured our academics, our experience, our initiatves in work place, communiction skills, innovativ thinking etc., All of this may be mentioned in your employment policies. Even the fundamental rights are subject to reasonable exceptions. They are not absolute. 

Alok Kumar (Auditor-certifications)     15 November 2009

Dear Theja ji,

Please let me know if similar kind of unequal remuneration to two persons having same performance, experience and skills come under some regulation specified in our laws ? Wether this fits into Article 16 (A) which states that everbody with same experience, qualification, and skills should get equal pay. I want to know the applicability of this law to employess of  private sector companies. As you are practising lawyer, I expect a well searched reply !!

Thanks in advance

Alok Kumar

vivek dhavalikar (advocate high court.)     27 November 2009

discrimination in the payment of salary while engaged as a servant in any organisation. amounts to be a right of a person is a debatable question. if yes then it is a human right if no then a ?

Rajeev Kumar (Professioanl Social worker)     27 November 2009

Vivek ji

please clarify your response. I will appreciate , if you make it more comprehensive.

thanks


(Guest)

Equal pay for equal work - Doctrine of - Applicable to those who are equally placed in all respects - Higher Qualification is a valid basis for classification of two categories of employees. (U.P.State Sugar Corpn Ltd. & Anr. Vs Sant Raj Singh & Ors.) 2006(3) Apex Court Judgments 297 (S.C.)

Rajeev Kumar (Professioanl Social worker)     01 December 2009

Dear Sathya Prakash Sir,

I am very much thankful to you for your legal reference on Higher Qualification is a valid basis for classification of two categories of employees. (U.P.State Sugar Corpn Ltd. & Anr. Vs Sant Raj Singh & Ors.) 2006(3) Apex Court Judgments 297 (S.C.)

This judgement will deffintely serve my purpose.

I am sorry to say , but I am unable to find the full text of that mentioned judgement. I  tried many times on the weebsite of supreme court.

Sorry I am bothering you. But I will be very grateful , if you get me available the soft copy of that judgement to me

 

Thanks and warm regards

Vijayarajan (Executive Director)     03 January 2010

It is not clear whether the two persons have joined on the same day, the same time scale, same terms of appointment, any previous experiences etc.


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