SC order on quasi-judicial bodies

Holding that equal pay for equal work is a fundamental right of citizens, the Supreme Court has held that quasi-judicial bodies should be treated on par with judicial bodies if they do similar work. "The action of the state government in treating the officers presiding over the Industrial Tribunal differently from District Judges in the matter of pay scale, on its face, is in violation of Article 14 of the Constitution," a Bench headed by Justice C K Thakkar said. The Bench, also comprising Justice L S Panta, passed the order on a petition filed by Kerala government challenging High Court's order which had directed it to treat the presiding officer of Industrial Tribunal on par with District Judges by giving them same pay scales. The Supreme Court turned down the plea of the state government that they cannot be treated equally as their source of recruitment was different. "Looking at the nature of duties and functions of the presiding officer of the tribunal, we are of the opinion that there is no reason to treat them differently," the Bench said while dismissing the state government's petition. "Having regard to the constitutional mandate of equality and inhibition against discrimination in service jurisprudence, the doctrine of equal pay for equal work has assumed the status of fundamental right," the Bench said. In this case the presiding officer of the Tribunal had approached the Kerala High Court seeking direction to the government to provide them pay-scale on par with District judges which was given to them till 1998. However, on the recommendation of a commission, the pay scale for subordinate judiciary was raised but similar relief was not granted to the officers of the Tribunal.

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