ITEM NO.50                   COURT NO.5                   SECTION XIV

           S U P R E M E   C O U R T   O F   I N D I A                          RECORD OF PROCEEDINGS                      Petition(s) for Special Leave to Appeal (Civil) No(s).24205/2008

(From the judgment and order dated 30/01/2008 in LPA No. 115/1999   of The HIGH COURT OF DELHI AT NEW DELHI)

ASSO.OF EMPLOYEES OF NATION.PROD.COUNCIL             Petitioner(s)

                     VERSUS

CHAIRMAN,NATIONAL PROD.COUNCIL & ANR.                Respondent(s)

(With appln. for stay,directions, permission to file additional affidavit and with prayer for interim  relief and office report )

Date: 27/03/2009  This Petition was called on for hearing today.

CORAM :         HON'BLE MR. JUSTICE S.H. KAPADIA         HON'BLE MR. JUSTICE AFTAB ALAM

For Petitioner(s)    Mr. D.N. Goburdhan,Adv. Ms. Geeta Luthra, Adv.

                                         For Respondent(s)    Mr. K. Sultan Singh, Adv.                      Mr. Jagjit Singh Chhabra, Adv.                      Mr. Jaswant Persoya, Adv.

      UPON hearing counsel the Court made the following                            O R D E R  

Leave granted.

The appeal is disposed of with no order as to costs.

         (S. Thapar)         PS to Registrar

(Madhu Saxena) Court Master

The signed order is placed on the file.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 2044 OF 2009 (Arising out of SLP(C) No.24205 of 2008)

ASSOCIATION OF EMPLOYEES OF NATIONAL PRODUCTIVITY     ...APPELLANT (S) COUNCIL

VERSUS

CHAIRMAN, NATIONAL PRODUCTIVITY COUNCIL & ANR.      ...RESPONDENT(S)       

O R D E R

Leave granted.

By consent the matter has been taken up for final hearing.

In the case of State of Haryana & Others Vs. Charanjit Singh & Others reported  

in 2006 (9) SCC 321 to which one of us (Hon'ble Kapadia, J.)was a party, it has been held  

by this Court that the doctrine of “equal pay for equal work” will not apply automatically  

in every case.  In cases where parity of wages is claimed by the workmen, the Management  

can be directed to  constitute  what is  called  as  an  Equi  Valance Committee which will  

decide  the  question  of  parity  after  examining  the  nature  of  work,  the  nature  of  

responsibility  and  the  hierarchy.   This  exercise  has  not  been  undertaken  in  this  case.  

Consequently, we are directing the Management to appoint an Expert Committee.  Before  

that Committee, the workmen will appear.  They will place all the relevant material before  

that Committee including the Resolution of the Board of Directors of the Company dated  

1st November, 1992.

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In  the  meantime,  an  interim  settlement  has  been  entered  into  between  the  

Management and the workmen.  That settlement is taken on record.  The settlement will  

operate till the Equi- Valance Committee decides the question of pay parity.

Accordingly, this civil appeal is disposed of with no order as to costs.

....................J. [ S.H. KAPADIA ]

New Delhi, ....................J March 27, 2009 [ AFTAB ALAM ]