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For equal pay there should be complete and wholesale identity between the two posts

In D M JADEJA Versus GUJARAT TOURISM DEVELOPMENT CORPORATION, the issue before the Hon'ble court was Equal pay for equal work. The Hon'ble court held that the law on the issue can be summarised to the effect that parity of pay can be claimed by invoking the provisions of Articles 14 and 39(d) of the Constitution of India by establishing that the eligibility, mode of selection/recruitment, nature and quality of work and duties and effort, reliability, confidentiality, dexterity, functional need and responsibilities and status of both the posts are identical.

The functions may be the same but the skills and responsibilities may be really and substantially different.

The other post may not require any higher qualification, seniority or other like factors. Granting parity in pay scales depends upon the comparative evaluation of job and equation of posts. The person claiming parity, must plead necessary averments and prove that all things are equal between the concerned posts. Such a complex issue cannot be adjudicated by evaluating the affidavits filed by the parties.

The onus to establish the discrimination by the employer lies on the person claiming the parity of pay.

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