Bombay HC Equal Pay for Equal Work – Employees of Gram Panchayats absorbed in Municipal Corporation

The petitioners, who were employees of Gram Panchayats, continued in the employment of VVC Municipal Corporation after merger.  However, they are denied revised pay scale and are not paid wages on par with the regular employees of Corporation.

Adverting to the aforesaid principles, the Petitioners cannot be discriminated against and/or paid a lower pay or pay scales, than what is granted to the regular employees, performing similar duties. This would amount to discrimination violating the Petitioners fundamental rights under Article 14 & 16 of the Constitution of India. 14. We are not persuaded to accept the contentions urged on behalf of the Municipal Corporation that the Petitioners’ demand for “equal pay for equal work” and for grant of parity in the pay scale cannot be considered on the ground that the Petitioners were originally appointed by the Gram Panchayats. In fact, such contention would be contrary to what has been held by the Supreme Court in State of Punjab and Others v. Jagjit Singh and Others (supra), particularly when the Petitioners are now serving in the Municipal Corporation since the year 2009 and are discharging duties similar to the duties/work performed by the regular employees.

Thus, to subject the Petitioners to grant of such abysmal wages/pay scale who are indisputedly working with the Municipal Corporation on the same terms and conditions applicable at the time of their original appointments with the Gram Panchayats, amounts to denying them pay parity with the other regular employees and the legitimate service benefits for the period during which they have served the Municipal Corporation. It is also not the case of the Municipal Corporation that the nature of work performed by the Petitioners is different from the one performed by the regular employees. In such circumstances, in our clear opinion those employees who have continued in service under the Municipal Corporation would be entitled to complete parity in pay, recognizing the principle of “equal pay for equal work.”

Judgment dated 9.3.2026 of the High Court of Bombay in Writ Petition No.9442 of 2019 of Gajanan Namdeo Oge and others   Vs.  Vasai-Virar City Municipal Corporation and other