Q: I work as a stenographer in the sales office of a public limited company. There are three other stenographers in the office, but I am the only woman stenographer. Sometime ago I found out that the other three are drawing a salary higher than mine though the nature of our work is the same. I felt that this was blatant discrimination and made a representation to the managing director of the company, but in vain. Do I have any recourse in law?

Name withheld

A:I can appreciate your grievance and the same is fully justified. The Equal Remuneration Act, 1976, provides that no employer shall pay to any worker employed by him remuneration at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex for performing the same work or work of a similar nature. Your employer is clearly acting in breach of this provision of the said Act. You may make a complaint to the authority constituted by the state government under Section 7 of the said Act. The authority has the power to direct the employer to pay your salary at the same rate at which the other stenographers are being paid. There is also provision in the said Act for enforcement of such order. You may also note that contravention of the provisions of the said Act by an employer attracts punishment in the form of fine which may extend to Rs 20,000 or with imprisonment which may extend to one year or both.

If the offending employer is a company, every person who at the time when the offence was committed was in-charge of, or was responsible to, the company for the conduct of its business shall also be deemed to be guilty of offence and shall be liable to be proceeded against and punished accordingly. For this purpose you may make a complaint to a metropolitan magistrate or a judicial magistrate of the first class.

Q: I had been working for a big industrial company since 1994. In February 2005, my service was suddenly terminated on the basis of certain serious charges alleged against me. No domestic enquiry was held before such termination. I took recourse to the Provisions of the Industrial Act, 1947. The conciliation proceedings failed and the matter was referred to the labour court which permitted the employer adduce evidence in support of charges levied against me. On the basis of such evidence, the labour court has now held the charges to be proved and termination of my service as valid. Can my service be terminated without holding an enquiry and can the labour court permit the employer to lead evidence before it although there was no domestic enquiry?

Name and address withheld

A:Although in certain contingencies an employer may, in a case of misconduct of grave nature dismiss a workman without holding an enquiry, ordinarily such enquiry is not to be dispensed with. However, it has been laid down by the Supreme Court of India that the employer is entitled to lead evidence to prove the charges on the basis whereof the workman’s service was terminated. In this connection you may refer to the Supreme Court decision reported in 2007 Labour Law Journal 1105 (volume 1). Hence, it appears that the labour court did not commit any error of law in permitting the employer to lead evidence in support of the charges levelled against you so long as it permitted you to contest such charges and gave you full hearing in the matter.