16

Chapter-I

EQUAL PAY FOR EQUAL WORK: CONCEPTUAL

FRAMEWORK

1. HISTORICAL RETROSPECT

Labour force is an important section of the general community.

Being a human factor, labour is manifestly different from other factors
of production. As an important and vocal section of the community,
labour has been drawing greater interest of the state agencies, social
welfare organizations, planners, employers and all other concerned
with it, in the study of labour and its problem.1

History begins when men actually produce their means of food

and shelter. Marx argues that the first historical act is, therefore, the
production of material life. Production is a social enterprise since it
requires co-operation. Men work together to produce the goods and
services necessary for life.2

At the dawn of human history those contradiction did not exist.

The force of production and the product of labour were communally
owned. Since each member of society produced for himself and for the
society as a whole, there were no conflicts of interest between
individuals and groups. However, with the emergence of private
property, and in particular, private ownership of the force of
production, the fundamental contradiction of human society was
created. Through its ownership of the force of production, since one
group gain at the expense of the others, conflicts of interest exist

1. Meenu Paul, Labour and Industrial Law, Ed. VI, 2007, p.1.
2. M. Harlambos & R.M. Heald, Sociology, themes and perspective, 1980, p. 535.
 17

between the minority who owns the force of production and the
majority who perform productive labour.3

In early period, small scale, illiterate societies, the family and

kinship relationship in general were the basic organizing principles of
social life. Societies were often divided into a number of kinship group
such as lineages, which were groups descended from a common
ancestor. The family was embedded in a web of kinship relationship.
Kinship groups were responsible for the production of important goods
and service.4

A second form of pre-industrial family, sometime known as the

classic extended family is found in some traditional peasant society.
As in kinship based societies, kinship ties dominate life. But in this age,
the basic unit is the extended family, rather than wider kinship
grouping. Within family, social and economic roles are welded
together, status being ascribed by family membership. On the firm, the
father-son relationship is also that of owner-employee. The father
considered to be owner takes all important decisions, for example,
whether to sell cattle, and directs the activities of all other members of
the extended family. He is head of the family and director of the firm.
The classic extended family consist of the male head, his wife and
children, his aging parents from whom he has inherited the firm and
any unmarried brothers and sister. Together they work as productive
unit, producing the goods necessary for the familys survival.5

Thus, labours in the ancient agrarian society were therefore in a

better position. However, during the middle ages, due to the emergence
of feudal system, the condition of labour deteriorated. Most of the
agricultural land was owned by feudal lords. Landless laborers, known

3. Ibid.
4. Supra Note 1.
5. Supra Note 2 at p. 343-344.
 18

as serf, were force to work for the land owning nobility in order to gain
a livelihood. The labour of subject class took on the character of forced
labour. Since its member lacked the necessary means to produce for
themselves were forced to work for others. A feudal structure of society
seemed to have prevailed in various countries including India in the
medieval period. The economies of these countries were based on
feudal ownership, which was characterized by a specific form of the
exploitation of the peasants and artisans.

However, a historic event, which took place in Great Britain in

18th century, was the advent of Industrial Revolution. The industrial
revolution soon spread to its neighbouring status and by the end of
19 th century covered most part of globe. Newly invented machines that
caused industrial revolution pave way for the mass production of good
in short period of time and provided mankind with material comforts,
brought within its wake a number of problems for the workers also.
Independence of labourer was lost as soon as the tool in is hand was
replaced by the machine. Besides losing his freedom to work
independently with his tools, workers in the early phase of
industrialization had to suffer the indifferent attitude of his employer
who as the owner of the industries were concerned more about the
profits than about the labour welfare.6

To ensure maximum profits to the owner of the industries

management made the workers to work for unduly long hours without
any interval for the rest, for extremely low wages, in unhygienic
working conditions. In short, industrial worker in the beginning of the
industrialization was himself reduced to lifeless machine as a machine
has no fixed working hours, no intervals for rest and make no demand
for wages. To make the matter the laissez-faire doctrine that prevailed in

6. Supra Note 1 at p. 3.
 19

the state in the beginning of modern industrialization as advocates the

non-interference of the State in the economic affairs of the State enabled
the employers to employ the workers on such terms of employment,
which favoured the employers to the great disadvantage to the
industrial worker. Thus, the employers were free to draft contract of
employment at their whims and fancies without any check by the State
and the worker was either to accept them as such or to starve. Thus in
the beginning of industrialization to achieve maximum profits by the
owner of the industries, freedom of contract in competative market and
policy of non-interference, by the laissez-faire form of State weaved a
pattern of exploitation for the industrial worker. As stated by the
Encyclopaedia of Social Science:

At the beginning of nineteenth century the individual

determined the law of industry for his particular industry
subject only to the range control of the competative
system.7

In the early phase of the industrial revolution labour as the

human factor in the production suffered. Exploitation at the hands of
the newly emerged class of employers who as the owners of the newly
set up industries were concerned with their profits only in a
compatative market and completely ignored value of the human factor
in the production of the good.8

The rise of large-scale factory in India dated only from the latter
half of the 19th century. The first cotton mill in India was established in
1851 in Bombay and first jute mill in 1855 in Bengal. This was the
beginning of the modern factor system in India. The modern factor
system brought in its wake employment of women and children, long

7. Encyclopedia of Social Sciences, Vol. VII-VIII, p. 710.

8. Faulner U. Harold and Star Mark Labour in America 1949, p. 29.
 20

and excessive hours of work, under mining of morality, lack of

education, poor housing and an excessively high death rate.9
The factory system brought with it many mal-labour practices
regarding working conditions in factories. The question of legislation to
regulation working conditions in factories was raised first time in India
in the report by Major Moore, Inspection-in-Chief of Bombay Cotton
Department, on the administration of his department for 1872-1873.
He dealt with factory conditions in Bombay and remarked specially on
the length of the working hours, the condition of women and children
and the age at which children were employed. It appears that, at that
children began to work at six years of age and worked from sunrise to
sunset, with a brief interval of half an hour for meals, and frequently
were allowed only two holidays in the month.

It would be desirable here to remark that prior to 1881, the policy

of the State towards labour matters was virtually one of laissez-faire.
Hours of work in most of the factories were from sunrise to sunset.
Large number of women and children were employed. Workers had
neither periodical nor weekly holidays. Despite these conditions,
various industrially advanced states and public opinion did not favour
any form of legislation. As a compromise between the radical and
conservative shades of public opinion, the first Factory Act for
regulating the conditions of labour in factories was passed in 1881.10

Dissatisfaction with the provisions for the protection of children

and in particular, the absence of any regulation of womens labour,
gave rise to an agilation for the amendment of the Act. After inquiry by
the Bombay Factory Commission of 1884 and the Factory Labour
Commission of 1890, an amending Act was passed in 1891.

9. Mathur and Mathur, Trade Union Movement in India p. 12.

10. V.V. Giri, Loe, cit., p. 141.
 21

The provisions relating to womens work were now introduced, the

hours of work of women being limited to 11 a day, with an interval of
rest for an hour and a half.11 But for the first time in India it provided
for the grant to all workers in factories of a regular rest interval of half
an hour in the middle of the day and of a weekly day of rest.

In order to remove its inherent weaknesses and to keep pace with

changing needs of the working class the Act has amended several times.
The factory Act, 1934 replaced all the previous legislation in regard to
factories and thoroughly overhauled the Act of 1911 in the light of
recommendations of the Royal Commission on Labour. The Act of 1934
revealed the need for revision with a view to extend its protective
provisions to the large number of smaller industrial establishment.
An entirely new Act to consolidate and amend the law relating to
labour in factories was therefore, passed by the Constituent Assembly
on 28th August 1948.12

It is submitted that the researcher has analyzed factory Act of

1911, 1934 and recent one of 1948 and reached to the conclusion that
there is no scope for the equal pay for equal work in these Factory Act.

Discrimination in any form of individuals or groups of

individuals cannot exist in a civilized society i.e. a society, which
believes in human rights and the dignity of the individuals. The first
International Treaty i.e. the Charter of the United Nations Organization
expressed in its preamble a faith in the dignity and worth of the
human person as well as in the equal right of men and women.
It declared its firm determination to eliminate all forms of
discrimination in order to promote social progress and better
standards of life. However, more affirmation and declarations do not

11. V.G. Goswami, Labour and Industrial Laws, Ed. VIII, 2008, p. 245.
12. G.M. Kothari, A study of Industrial Law, pp. 250-55.
 22

bring about a change.13 It requires a firm determination to break the

citadel of male dominance, change customs and traditions rooted in the
belief of women being inferior.

The term equal pay for equal work has its own historical
significance. Historically speaking, equal pay for work of equal value
has been a slogan of womens movement. Equal pay laws, therefore,
usually deal with sex-based discrimination in the pay scales of men and
women doing the same work or equal work in the same organization.
For example, the Equal Remuneration Act, 1976 provides for the
payment of equal remuneration to men and women workers and is
meant to prevent discrimination on the ground of sex against women in
matter of employment. The Equal Pay Act, 1970 and the Equal Pay
(Amendment) Regulations, 1983 in United Kingdom are for a similar
purpose.14 The same doctrine has also sought to protect disadvantaged
groups against similar discrimination. Our laws are similar to those of
U.K. doctrine or even wider to prevent discriminatory pay scales within
an organization, which owned by or is an instrumentality of the state.
Provided, that the different pay scales that exist in one organization, are
applied to employees doing work of equal value, and there is no
national explanation for the difference.

The post independence era has witnessed remarkable

development in providing protection to working class by enacting
labour legislation. The foremost and the most revolutionary document
in this regard is the Constitution of India. The very Preamble of our
Constitution strikes at the root of the problem when it speaks of
Security to all citizens of the India, equality of status and of
opportunity as well as justice, social, economic and political.

13. Lotika Sarkar, Status of women and law as an instrument of Social change, K.L.T. 1982,
p. 262.
14. Prof. M.S. Shah, Loc.eit. pp. 167-183.
 23

This objective is further amplified and is given a real meaning by laying

down certain specific provisions in the Constitution to bring about real
equality between sexes. Apart from ensuring equality before law and
equal protection of laws in widest sense, the Constitution of India
contains several provisions regarding equal treatment of men and
women workers in the field of economic activity.15 Equal pay for equal
work is one such directive principle, enshrined in Article 39(d) of the
Constitution, which provides that the State shall direct its policy
towards securing that there is equal pay for equal work for both men
and women.

The Equal Pay for Equal Work principle is reflected in various

International instruments. The International Labour Organisation
recognizes it as one of its objectives. Further, it is also embodied in
International Labour Organisation Equal Remuneration Convention,
1951 (No. 100) which requires each member to ensure the application of
the principle of equal remuneration for men and women worker for the
work of equal value. However, what is significant to note is that Article
1(b) of the Convention specifically provides that the term equal
remuneration for men and women workers for work of equal value
refer to rates of remuneration established without discrimination based
on sex. Therefore, convention is not concerned with differences in
remuneration between the workers of the same sex.16 The principle is
also enshrined in the Constitution of India as a directive principle of
State policy under Article 39(d). The framers of the Indian Constitution
were well aware about inequalities regarding pay parity. The legislative
provisions17 of the Minimum Wages Act, 1948 do not permit

15. L.C. Dhingra and Arvinder, Singh Dalal, Equal Pay for Equal Work and The Law
A Critical Analysis, M.D.U. Law Journal, 2001, p. 25
16. Shashwat Tewary, Equal Pay for Equal Work. How Far is it Recognized as a
Fundamental Right, L.L.J., 2004, pp. 37-38.
17. Section 5 and 26 of Minimum Wages Act, 1948.
 24

differentiation in minimum rates of wages on the ground of sex.

However, in almost all the industries, such as weeding, transplanting
agriculture operation, coal mining industry and plantation etc, there is
discrimination in wages.

Many ingredients go into the shaping of the wage structure in

any organization. Historically, it many have been shaped by negotiated
settlements with employees unions or through industrial adjudication.
It may have revised or reshaped with the help of expert committees.
The economic capability of the employers also plays a crucial part in it,
as also its capacity to expend business or earn more profits. If the
employing organization functions in a competitive area, it may, if it is
economically strong, offer higher wages than its competitors doing
similar work to attract talent.

There is need to fight against discrimination regarding equal pay,

employment opportunities for promotions, for occupying higher
positions and for leadership of trade union movement. Then only
women provide proper leadership to society as was visualized by
Mahatma Gandhi.18

In our country an ordinance namely, the Equal Remuneration

Ordinance was promulgated in 1975 to give effect to the Constitution
provisions and the I.L.O. Convention no. 100 of 1951 in the International
Women Year. The Ordinance was replaced by the Equal Remuneration
Act, 1976 seeking to provide for payment of equal remuneration to men
and women workers for payment on discrimination on the ground of
sex. It has taken a twenty-five years to become the law, because due to
the slow economic development in the country.

18. Prof. M.S. Shah, Loc. Cit. p. 184.

 25

The first country to establish the principle by Constitutional

provisions was Mexico, in 1917. Since that time, comparable provisions
have been adopted in a number of countries, including Albania
(1946),Brazil (1946), Bulgaria (1947), Burma (1948), Cuba (1940),
Czechoslovakia (1948),Ecuador (1946) France (1946), Guatemala (1945),
Italy (1947), Panama (1946), Rumania (1948), U.S.S.R. (1936), Venezuela
(1947) and Yugoslavia (1946).The Constitutions of the States of Hessle
and Wurttemberg Bedan in Germany include equal pay provisions
(1946). The principle of equal pay for equal work has been an integral
part of the programme of the Department of Labour of the United States
since the First World War and has been included specifically in the
current basic programme sponsored by the Department to improve the
economic status of Workers.19

The dream of a European Economic Council (EEC) has been

translated into action in England in 1970, through Equal Pay Act, 1970.
Almost all other European Community States have adopted the
principle. The European Economic Council Treaty also provided that
during first stage that is 1st December, 1961 each member state should
ensure and subsequently maintain the application of the principle that
men and women should receive equal pay for equal work.20

On February 1975, the E. E. Council, the institution responsible

for the community legislation, adopted the equal pay directives.21
The equal pay directive reiterated that Article 119 of the treaty is an
integral part of the establishment and functioning of the common

19. Equal pay for Equal work for Women. Hearing before sub committee No. 4 of the
committee on Education and Labour, House of Representatives, 80th Congress, 2nd
Session, on H.R. 4273 and H.R. 4408, P. 78. U.S. Department of Labour, Womens Bureau;
Facts on Women Workers, 31 Mar.1949.
20. Article 119 of European Economic Council Treat, Ist para.
21. EC Council Directive 75/117.
 26

market and the national provisions should be approximated as regard

to application of the principle of equal pay.

The equal pay directive ordered the elimination of all

discrimination on ground of sex with regard to all aspects and
condition of remuneration for the same work to which equal value is
attributed. The EEC states have enacted several laws under which many
cases have since been decided by the national courts of those states and
by European courts of Justice in the implementation of the convention.22

2. MEANING

Wages means the remuneration paid for the service of labour in

production. They are payments made by the employers for the efforts
put in by the workers in production. From the point of view of the
laissez faire policy, wages may be define as the contract incomes, fixed
or settled between the employers and the employees, where the latter
sell labour for some money or goods or both. A more comprehensive
definition of wages may be that, wage means all remuneration capable
of being expressed in terms of money, which would, under the terms of
employment, be payable to a person employed, or for work done in
such employment.23

The term equal pay for equal work for both men and women
means equal pay for equal work for everyone and as between the sexes.
Black Dictionary of law, fifth edition defined the word equal means
alike, uniform on the same place or level with respect to efficiency,
worth, value, amount or rights.24 Equal pay means principle of
non-discrimination in compensation for work. It states that they should
be based on the kind and quality of work done and not according to the

22. Ibid.
23. R.C. Sexena, Labour Problems and Social Welfare Ed. XIV, 1981, p. 557.
24. Black Dictionary of law, Fifth edition.
 27

age, race, sex, religion, political association, ethnic origin or any other
individual or group characteristic unrelated to ability, performance and
qualification.25 Equal pay principle whereby, given a specific
occupation, the rate of pay should be the same for both sexes out being
the same,26 Shorter Oxford English Dictionary Sixth Edition define
equal pay means (the policy of giving) the same rate of pay for a
particular job irrespective of the sex of a person doing it.27 Equal means
identical in amount, degree, adequate and uniform etc.28 Equal pay
means having the same quantity, measure or value as another, adequate
in extent, amount or degree.29

Thus, the word equal as used in law implies not identity but
duality and the use of one thing as the nearer of another. Equality
means the condition of possessing substantially the same rights,
privileges and immunities and being liable to substantially same duties.
Equality guaranteed under equal protection clause is equality under the
same conditions and among persons similarly situated, classification
must not be arbitrary and must be based upon some difference in
classes having substantial relation to legitimate objects to be
accomplished.

Equal pay Act, 1963 of U.S.A.30 defines equal pay as same pay for
all persons who do same work without regard to sex, age etc.

The preamble to the constitution declares the solemn resolution

of the people of India to constitute India into a Sovereign, Socialist and
Democratic Republic. Again, the word Socialist must mean something.

25. Businessdictionary.com
26. Oxford English Dictionary, 1972, A Supplement.
27. Shorter Oxford English Dictionary, Sixth Edition.
28. The Oxford Dictionary of English Etymology, 1966,
29. American Heritage College Dictionary.
30. U.S. Monthly Labour Review, Vol. 97, No. 10, Oct. 1974, pp. 3-9
 28

Even if it does not mean to each according to his need, it must at least
mean equal pay for equal work.

Construing Article 14 and 16 in the light of the Preamble and

Article 39 (d), we are of the view that the principle of equal pay for
equal work is deduciable from those articles and may be properly
applied to cases of unequal scales of pay based on no classification or
irrational classification though those draw the different scales of pay do
indentical work under the same employer.31

3. CONCEPT

Equal pay for equal work is a dynamic concept of democratic

societies, when men and women have no discrimination regarding their
work conditions. This concept of equality and socio-economic justice
has been recognized in our Constitution and in other laws.
The Constitutional recognition and protection of equality are the basis
of all the women welfare legislation. This noble concept of equality
has been incorporated in Chapter-III of the Indian Constitution.
The economic equality has been obtained to all by equal pay for equal
work and equal adequate means of livelihood.

The Equal Employment Opportunity Commission (EEOC) was

created by title VII of the Civil Rights of 1964 and become operational
from July 2, 1965. The purpose of the commission are to end
discrimination based on race, colour, religion, age, sex, or national
origin in hiring, promotion, wages, testing, training, apprenticeship and
all the conditions of employment and to promote voluntary action
programmes by employers. Union and Community organisation have
to put equal employment opportunity into actual operation.

31. Randhir Singh vs. Union of India, AIR 1982 ISCC 618.
 29

4. NATURE AND SCOPE OF THE CONCEPT OF EQUAL PAY

The doctrine of equal pay for equal work has not been ingrained
explicitly under Article 14 of the Constitution as an abstract doctrine,
but if any classification is made relating to pay scales and such
classification is unreasonable or if unequal pay is based on no
classification, then article 14 will at once be attracted and such
classification should be set at naught and equal pay be directed to be
given for equal work. In other words, where unequal pay has been
brought about discrimination within the meaning of article 14 of the
Constitution, it will be a case of equal pay for equal work, as envisaged
by article 14 of the Constitution of India.32 If the classification is proper
and reasonable and has a nexus to the object sought to be achieved, the
doctrine of equal pay for equal work will not have any application even
though the persons doing the same work are not getting the same pay.

The Constitution of India declares33 equal pay for equal work for
both men and women as an ideal to be translated into practice by the
state. The concept of equal pay for equal work is however, not made
clear. Are two teams of work equal if both are of the same duration?
If there is differences in the quantity termed out to be in the quality, can
work be equal? Does the doctrine of equal pay for equal work in the
constitution apply only between the sexes or does it apply among
members of the same sex also? These are some of the doubts, which
may arise in the mind of the one who examine the constitutional
directive of equal pay for equal work.

With the accelerated pace of development, advancement of

modern technology and spread of education among women, which
paves the way for the emancipation of women there has always been a

32. Supreme Court Employees Association vs. Union of India, 1984-11-L.L.J. 506.
33. The Constitution of India, Article 39(d) which provides that the state shall direct its policy
towards securing that there is equal pay for equal work for both men and women.
 30

demand for equal pay for equal for men and women worker as women
dont considered themselves inferior to men. Equal pay for men and
women for work of equal value is one of the directive principles of the
constitution of India and the I.L.O. has also adopted a convention on
this subject which has been ratified by India. Equal Remuneration
Convention, 1951 was adopted by the General conference of
International Labour Organization on June 25, 1951. In order to give
practicle shape to the contents of the convention, it was included in our
constitutional ethos.34

SCOPE OF THE CONCEPTS ON EQUAL PAY

The Equal Remuneration Act, 1976 defines "remuneration" in

Section 2 (g) as follows: "the basic wages 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." A typical remuneration package in the organized sector
(for a time rate payment system) consists of a basic wage, dearness
allowance (to compensate for inflation), other allowances, and the
house rent allowance. The dearness and the house rent allowances can
be different in offices of the same company due to the cost of living in
different cities.

In India, the principle of equal pay means equal remuneration for

"the same work or work of a similar nature" (Sec. 4), which in turn is
defined in Sec. 2 (h) of the Act as follows:

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

34. Mool Singh, Equal Remuneration to Both sex, A Constitutional Goal, Vol. 2, SCJ, 1988,
p.1
 31

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.

The principal operative section of the Equal Remuneration Act is

Sec 4, which make provision for equal remuneration as follows:

No employer shall pay to any worker, employed by him in an

establishment or employment, remuneration, whether payable in cash
or in kind, at rates less favourable than those at which remuneration is
paid by him to the workers of the opposite sex in such establishment or
employment for performing the same work or work of a similar nature.

No employer shall, for the purpose of complying with the provisions of

sub-section (1), reduce the rate of remuneration of any worker.

Where, in an establishment or employment, the rates of

remuneration payable before the commencement of this Act for men
and women workers for the same work or work of a similar nature are
different only on the ground of sex, then the higher (in cases where
there are only two rates), or, as the case may be, the highest (in cases
where there are more than two rates), of such rates shall be the rate at
which remuneration shall be payable, on and from such
commencement, to such men and women workers.

There is no obligation for employers to recognise the existing

three (or any other) digit classification of occupations as set out by the
ILO or the Government. Employers are free to classify occupations as
they wish, thus rendering it difficult to compare essentially similar jobs.
Thus, even if the work of a man and a woman are of a similar nature,
job differentiation can be made artificially. For example, a cashier is
paid more than an accountant, even if the job content is similar in both
 32

cases. The cashier is paid more because he handles cash, and his job is
classified as more sophisticated.

The Equal Remuneration Act, 1976 covers all industries and

sectors, public and private, organized and unorganized, and all
employees doing permanent, temporary and casual work. The law
covers central, state and local authorities, hospitals and dispensaries,
banks and financial services, educational institutions, mines, provident
funds and other state insurance corporations, the Food Corporation of
India and other warehouses, all industries under National Industrial
Classifications (NIC) groups 1, 2 and 3; power, water and gas
generation, trade, transport (water, land and air), construction, real
estate and sanitation, religious community and medical and personal
services. The Act does not cover self-employed workers like unpaid
women workers in farming, households and in the unorganized sectors
in large numbers.

The principle of equality is applicable within an establishment.

The law permits wage differences to exist across establishments.
The wage differentials can be high across establishments because of
differences in productivity, and the capacity to pay may differ widely.
Since wages in general are low in India, very often there are de facto
equal wages due to the general payment of minimum wages.
Thus, the Minimum Wage Act, 1948 is of overriding importance in
respect to equal remuneration in India.

The Act states that the basic wage or day-shift payment should be
the same for the same or similar work. Thus men can earn more by
working in night shifts since women, by law, are not permitted to be
employed in night shift in establishments other than luxury hotels,
airlines, hospitals and a few other specific places. In compression of
 33

permanent workers, the temporary workers are entitled to fewer

allowances for the same jobs, even in government jobs.

The Act does not apply in cases affecting the terms and
conditions of a womans employment in compliance with the
requirements of any law giving special treatment to any women, or to
any special treatment accorded to women in connection with the birth
or expected birth of a child, or the terms and conditions relating to
retirement, marriage or death or to any provision made in connection
with retirement, marriage or death.

There are two main reasons for the restriction in the scope and
coverage of the law. The first is that legal requirements are different for
different sectors and sizes of establishments. For example, the Factories
Act, 1948 requires that only establishments, which employ ten or more
workers and use electric power, and twenty or more without electric
power, need to file full returns about the status of their workers for the
authorities. Similar differentiations also apply to shops and commercial
establishments. The regulations therefore do not apply to the smaller
establishments. While they are expected to comply with the law, they
seldom do.

The other reason for the restricted application of the law arises in
connection with the legal machinery, which makes provision for few
means of overseeing compliance with the Act. Moreover, workers, their
unions, and other public support groups do not bring the matter to the
fore, since the need for jobs by the workers exceeds the need to practice
gender justice within it. The nature of the labour market, high rates of
illiteracy and widespread poverty prevent such matters from being
dealt with by the law.