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Section 3: Prohibition of discrimination on ground of gender

The Code on Wages, 2019 (Act No. 29 of 2019) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter I: Preliminary
Competent Labour Forum
Act No. 29 of 2019
Section 2 All 67 Sections of Code on Wages, 2019 Section 4

Legal Commentary & Landmark Judgments: Section 3

Section 3 of the Code on Wages, 2019 establishes a comprehensive statutory prohibition against gender discrimination in matters of remuneration, recruitment, and conditions of work for the same or similar nature of work.

  • Core Legal Standard: Section 3 operationalizes the constitutional command of equal pay for equal work under Article 39(d) of the Constitution.
  • Sub-Section (1) Provision: Under sub-section (1), no employer shall pay to any employee wages at rates less favorable than those at which wages are paid to employees of the opposite sex for performing work of the same or similar nature.
  • Operational Mechanism: The employer is expressly barred from reducing the rate of wages of any employee to comply with this anti-discrimination rule.

Sub-section (2) extends non-discrimination to the recruitment process, promotions, training, or transfer, prohibiting gender-based biases unless employment of women in such work is explicitly prohibited or restricted by law.

Key Landmark Precedents:
  • Mackinnon Mackenzie & Co. Ltd. v. Audrey D'Costa (1987) 2 SCC 469: The Supreme Court held that male and female employees performing work of equal value or broadly similar responsibilities must receive identical wages; employers cannot maintain gender-based wage differentials by assigning slightly different job titles or artificial classifications.
  • State of Punjab v. Jagjit Singh (2017) 1 SCC 148: The Supreme Court affirmed that the principle of 'equal pay for equal work' is an integral facet of Article 14 and Article 21, applicable across regular, temporary, contractual, and daily-wage employment.
Legal Commentary:

Section 3 consolidates and strengthens the Equal Remuneration Act, 1976. Any violation of Section 3 constitutes an offense under Section 54, exposing the employer to substantial monetary fines and empowering employees to claim retroactive wage arrears under Section 45.

Section 2 All 67 Sections of Code on Wages, 2019 Section 4