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Section 4: Decision as to disputes with regard to same work or work of similar nature

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 3 All 67 Sections of Code on Wages, 2019 Section 5

Legal Commentary & Landmark Judgments: Section 4

Section 4 of the Code establishes a specialized statutory mechanism for adjudicating disputes regarding whether any work performed by men, women, or transgender employees constitutes the 'same work or work of similar nature' to enforce the gender wage non-discrimination mandate enshrined in Section 3.

  • Designated Adjudicating Authority: Empowers the appropriate Government to appoint an authority not below the rank of an officer specified by notification to investigate, evaluate, and conclusively decide disputes concerning job comparability.
  • Substantive Criteria for 'Work of Similar Nature': Defines similarity of work based on skill, effort, responsibility, and working conditions required for performance, prohibiting artificial differentiation based on sex or gender identity.
  • Statutory Invalidation of Gender-Biased Job Descriptions: Precludes employers from relying on historical gender segregation of tasks or cosmetic job title differences to justify unequal wage scales or remuneration packages.
Key Landmark Precedents:
  • Mackinnon Mackenzie & Co. Ltd. v. Audrey D'Costa (1987) 2 SCC 469: The Supreme Court held that in determining whether work is of the same or similar nature under equal remuneration law, the authority must look at the broad substance and operational responsibilities of the work rather than microscopic or cosmetic differences in designation.
  • State of Madhya Pradesh v. R.D. Sharma (2022) SCC OnLine SC 94: The Supreme Court observed that the principle of equal pay for equal work requires a detailed evaluation of job duties, qualifications, and operational responsibilities, affirming that administrative determination by competent statutory authorities must prevail absent arbitrariness.
Courtroom Practice & Strategic Litigation Guidance:

In disputes before the Section 4 Authority, employers must produce detailed job descriptions, daily activity logs, competency matrices, and performance metrics. If defending wage disparities between different employees, counsel must prove objective, measurable differences in qualification, specialized training, hazard levels, or operational output; general assertions that roles were historically differentiated will result in mandatory wage parity orders with retrospective arrears.

Section 3 All 67 Sections of Code on Wages, 2019 Section 5