By B S Makar, Advocate
Founder, B S Makar Advocates & Solicitors
Practicing at the Punjab & Haryana High Court
📞 +91-9878131111 | 🌐 www.makarlaws.com
In a nation as diverse as India, the right to equality in employment is not just a constitutional ideal—it is a legally enforceable safeguard against arbitrary and discriminatory practices. Whether you are a government employee denied promotion unfairly, a private-sector worker facing wrongful termination, or an individual subjected to caste or gender-based bias, Indian service laws provide robust mechanisms to challenge injustice.
The Indian Constitution forms the bedrock of workplace equality through three critical provisions. Article 14 ensures equality before law, prohibiting arbitrary actions in hiring and promotions. Article 15 bars discrimination based on religion, caste, sex or place of birth while enabling affirmative action. Article 16 specifically guarantees equal opportunity in public employment, allowing reasonable classifications like reservations for marginalized groups.
Several key statutes operationalize these constitutional principles. The Central Civil Services (Conduct) Rules, 1964 govern government employees, prohibiting favoritism. The Industrial Disputes Act, 1947 protects private sector workers from unfair dismissal and wage discrimination. The Code on Wages, 2019 mandates equal pay for equal work, while the Rights of Persons with Disabilities Act, 2016 ensures workplace accommodations for disabled employees.
Employees commonly face several forms of injustice – denied promotions despite eligibility, biased terminations, caste/gender discrimination, reservation policy violations, and unjust transfers. Government employees can challenge these through writ petitions under Articles 226/32 or approach the Central Administrative Tribunal. Private sector employees may file cases in Labor Courts or Industrial Tribunals. Gender discrimination cases can be filed under the POSH Act or Code on Wages. The RTI Act remains a powerful tool to uncover recruitment irregularities.
Landmark judgments have strengthened workplace equality. The Indra Sawhney case (1992) upheld reservations while capping them at 50%. Randhir Singh (1982) established equal pay for equal work as a constitutional right. The N.M. Thomas case (1976) affirmed that equality must be substantive, not just theoretical.
For employees facing discrimination, I recommend three crucial steps: First, meticulously document all communications and demand written explanations for adverse actions. Second, act promptly as legal remedies have strict limitation periods. Third, consult a lawyer early to determine the best course of action – whether arbitration, litigation or departmental appeals.
Remember, equality in employment is not a privilege but a fundamental right. The judiciary has consistently protected employees who challenge unfair practices. If you face workplace discrimination, timely legal action can secure justice.
About the Author
B S Makar is a practicing Advocate at the Punjab & Haryana High Court, specializing in Service Law, Employment Disputes and Constitutional Litigation. With over a decade of experience, he has successfully represented clients in complex service matters.
📞 Consultations: +91-9878131111
📧 Email: advbsmakar@gmail.com