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CS Professional · Labour Laws and Practice · Law of Wages

Anita, a worker at Gujarat Alloys, did not get equal pay for similar work. She files a civil suit for recovery of the differential, though the same sum could have been recovered by a claim under the Code on Wages, 2019 (section 45). The employer objects. What is the likely outcome?

The court cannot entertain the suit. The Code on Wages, 2019 bars suits for recovery of sums relating to discrimination in wages where the amount could have been recovered under the Code. The repeal of the Equal Remuneration Act, 1976 does not open a civil court route.

  1. AThe court cannot entertain the suit, as the sum could have been recovered under the CodeCorrect
  2. BThe suit is maintainable because the Equal Remuneration Act, 1976 has been repealed
  3. CThe suit is maintainable if filed within three years of the discrimination
  4. DThe suit is maintainable but only for half the amount claimed

Explanation

Section 57 bars suits for recovery of minimum wages, deductions, discrimination in wages and bonus where the sum could have been recovered under the Code. Repeal of the Equal Remuneration Act under section 69 does not revive a civil remedy; the Code's mechanism applies.

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