by Paula Määttä

VIII. India

D. Supervision and enforcement of the equal pay principle

1. Office of the Labour Commissioner

The labour ministries of the Central and State Governments are responsible for regulations. Each of these ministries has set up its own Office of the Labour Commissioner to manage industrial disputes, maintain industrial peace and enforce labour las, such as the Equal Remuneration Act. The Central Government owned or controlled establishments are under the purview of the Office of the Labour Commissioner of the Central Government, whereas private and state government owned or controlled establishments and organisations, as well as agriculture, fall under the jurisdiction of the Labour Commissioner of the particular state. (Acharya 1995, 10-11.)

The state office of the central government Office of the Labour Commissioner is headed by the Regional Labour Commissioner. The Regional Labour Commissioner is assisted by Assistant Labour Commissioners and Labour Enforcement Officers, each of whom have are assigned a specific geographic jurisdiction. The Regional Offices supervise the enforcement of the labour laws and receive complaints. For example, in 1993 the irregularities detected under the Equal Remuneration Act comprised only one percent of all irregularities detected in a range of labour legislation, whereas irregularities in relation to the Minimum Wages Act comprised about 50 percent of the total. This illustrates the extent to which issues relating to minimum wages are regarded as more important than equal remuneration. (Acharya 1995, 11-12.)

The State Labour Commissioners office is far larger, it has a different hierarchy, and its geographical divisions parallel the structure of the state administration. In addition to the tasks mentioned above, the office also conducts socio-economic surveys on wages and publishes reports on labour matters. The Equal Remuneration Act is one of the enactments for whose enforcement the office is responsible, but it is also one of less significance in relation to its overall responsibilities. As at the central government level, the issue of minimum wages is the most significant at the state level. (Acharya 1995, 12-13.)

The Equal Remuneration Act provides for appointment of Inspectors, who have the power to investigate any establishment, summons employers or their representatives, and impose sanctions in cases of non-compliance. According to the Equal Remuneration Act, employers are responsible for maintaining registers and other documents in relation to the workers employed by them. The sanctions may range from a fine (Rs. 10 000) to a months imprisonment, or both for a first offence.

2. Enforcement process

The Equal Remuneration Act requires employers to maintain such registers and other documents as may be prescribed for the purposes of the Act (§ 8). Rules made pursuant to d 13 of the Act specify that a register must be maintained that contains information on the category of workers, a brief description of the work, the numbers of men and women employed , and details of their remuneration. The Act gives wide investigatory powers to specialist Inspectors to enter premises, inspect documents, take evidence for the purposes of the Act (§ 9).

The State and Central Governments may appoint authorities for hearing and deciding on claims arising out of non-payment of wages at equal rates and complaints with regard to non-compliance withthe Equal Remuneration Act (§ 7). These authorities also decide whether work being compared is of the same or similar nature.

When a complaint or claim is made to the authority, it firstly gives the applicant and the employer an opportunity to be heard. In the case of a claim, it may then decide that payment has to be made to the worker of the amount by which the remuneration payable exceeds the amount actually paid. For the purpose of recovering money, § 33C(1) of the Industrial Disputes Act, 1947 applies. In the case of a complaint, adequae steps must be taken by the employer to ensure that there is no contravention of the Act (§ 7).

An employer or worker aggrieved by an order made by an authority on a complaint or a claim may refer an appeal within 30 days to the appeal authority appointed for that purpose by the state government. That authority may, after hearing the appeal, confirm, modify or reverse the order appealed against (§ 7(6)). No further right of appeal lies against an order made by such authority.

In respect of an offence punishable under the Equal Remuneration Act, § 12(2) provides that the Labour Court may proceed upon either:

(a) its own knowledge or upon a complaint made by the Government or an officer authorised by it on its behalf; or

(b) a complaint made by the person aggrieved by the offence or by a social welfare institution or organisation recognised by the Central or a state government.

The Central Government has recognised the following social welfare organisations for this purpose:

(1) Centre for Women Development Studies, New Delhi.

(2) Self-employed Womens Association, Ahmedabad.

(3) Working Womens Forum, Madras.

(4) Institute of Social Studies Trust, New Delhi.

A number of State governments (Meghalaya, West Bengal, Tamilnadu, Punjab, Maharashtra, Manipur, and Kerala) have also recognised some voluntary organisations under the Act.

The penalties in cases where an employer contravenes the Equal Remuneration Act range from Rs. 10 000 to 20 000 as fine and between three and twelve months imprisonment for the first offence. An employer is liable to up to two years imprisonment for the second and subsequent offenses.