Amendment status not verified — confirm the current text below against the official source.
Definitions.—In this Act, unless the context otherwise requires.— (a) “appropriate Government” means.— (i) in relation to any employment carried on by or under the authority of the Central Government or a railway administration, or in relation to a banking company, a mine, oilfield or major port or any corporation established by or under a Central Act, the Central Government, and (ii) in relation to any other employment, the State Government; (b) “commencement of this Act” means, in relation to an establishment or employment, the date on which this Act comes into force in respect of that establishment or employment; (c) “employer” has the meaning assigned to it in clause (f) of section 2 of the Payment of Gratuity Act, 1972 (39 of 1972); (d) “man” and “woman” means male and female human beings, respectively, of any age; (e) “notification” means a notification published in the Official Gazette; (f) “prescribed” means prescribed by rules made under this Act; * 8-3-1976, vide S.O. 175(E), dated 6th March, 1976. Central Advisory Committee on Equal Remuneration Rules, 1991 (g) “remuneration” means the basic wage or salary, and any additional emoluments whatsoever payable, either in cash or in kind, to a person employed in respect of employment or work done in such employment, if the terms of the contract of employment, express or implied, were fulfilled; (h) “same work or work of a similar nature” means work in respect of which the skill, effort and responsibility required are the same, when performed under similar working conditions, by a man or a woman and the differences, if any, between the skill, effort and responsibility required of a man and those required of a woman are not of practical importance in relation to the terms and conditions of employment; (i) “worker” means a worker in any establishment or employment in respect of which this Act has come into force; (j) words and expressions used in this Act and not defined but defined in the Industrial Disputes Act, 1947 (14 of 1947), shall have the meanings respectively assigned to them in that Act. (i) The words “under the authority of” in the definition of “appropriate Government” in section 2(a) means pursuant to the authority. If the firm and its partners were independent contractors, their employment cannot be said to be carried on by or under the authority of Central Government and sanction of Central Government would be invalid and incompetent; K.E. Koshy v. The State, (1987) 71 FJR 548 (Kant). (ii) In section 2(h) the expression “same work or work of similar nature” lays stress upon the similarity of skill, effort and responsibility when performed under similar working conditions. The equality of work may vary from institution to institution. It is a matter of proof and not of assumption; State of Madhya Pradesh v. Pramod Bhartiya, 1992 (65) FLR 1991 (SC). (iii) The question of equal work depends on various factors like responsibility, skill, effort and condition of work; Ashok Kumar Garg v. State of Rajasthan, (1994) 3 SCC 357:1994 SC (L & S) 768: (1994) 27 ATC 200. (iv) A broad approach should be taken in deciding whether the work is the same or of a similar nature. In doing so the duties actually and generally performed by men and women and not those theoretically possible, should be looked at; Mackinnon Mackenzie and Co. v, Audrey D’ Costa, (1987) 2 SCC 469. Case Law Central Advisory Committee on Equal Remuneration Rules, 1991