Unequal pay in same designation -Can one claim compensation
Alok Kumar
(Querist) 03 December 2009
This query is : Resolved
Dear Legal Expert Friends,
I want to know that whether one claim compensation against private employer (MNC)in court of law if he is getting one-half less salary to others collegues with same experience, designation, qualification, skills, and talents (or even comparatively far better skilled,& experience than most of better paid collegues of same rank in the team)? What can be recource in such case if this is compounded by Company HR policy which says no to high hike in salary this year in anyone's salary? Is this clearcut violation of Article 16(A) ?
Legal experts are requested to advice on the matter!
N RAMESH.
(Expert) 04 December 2009
quantum of salary executives or policy decision as to not to hike salary for particular year are not to be treated as violative of right.
You can claim salary for the work done. But you can not claim high salary or hike in salary every year as matter of right.
Further there is no scale to measure the skill and talent of an individual to compare with the other.
Private employers are not amenable to writ jurisdiction, to challenge their action as violative of fundamental right.
Raj Kumar Makkad
(Expert) 04 December 2009
You cannot claim higher than your agreement as the private contracts of service are not enforceable in the court of law.
