Equal Pay for Equal Work: Delhi HC rules favouring AIIMS contractual nurses

In a significant victory for contractual nurses employed at the All India Institute of Medical Sciences (AIIMS), the Delhi High Court has ruled in their favour, directing the institution to provide them with salaries on par with those of regular nurses, including dearness allowance. The court firmly upheld the principle of 'equal pay for equal work' and ordered that the revised salaries should be implemented retrospectively from September 19, 2016, with compliance within three months.

A bench comprising Justices V Kameswar Rao and Anoop Kumar Mendiratta emphasized the invaluable humanitarian service provided by nurses in hospitals. They play a crucial role in assisting doctors and delivering personal care to patients. Denying adequate compensation to such dedicated individuals would be a grave injustice, the court declared.

The legal proceedings stem from an appeal filed by numerous contractual nurses who contested a 2016 decision by the Central Administrative Tribunal. The tribunal had dismissed their plea for equal pay and benefits compared to regular staff nurses at AIIMS.

The Delhi High Court, in its ruling, referenced a previous Supreme Court judgment and maintained that the petitioners, who perform duties and responsibilities similar to regular AIIMS staff nurses, are entitled to equitable compensation. It asserted that the principle of 'equal pay for equal work' is undeniably applicable in this case.

The petitioners initially received a monthly salary of Rs 11,750 under their contractual terms, which was later increased to Rs 28,000. In contrast, regular staff nurses at AIIMS earned a total monthly salary of Rs 56,800.

AIIMS argued that the petitioners were being compensated equally with other contractual employees of Sister Grade II and claimed that no discrimination existed. Additionally, the institution contended that the principle of 'equal pay for equal work' did not apply to contractual employees, as their terms and conditions were governed by their contracts.

The counsel representing the petitioner nurses, however, produced salary slips from regular employees to demonstrate the wage disparity. The high court observed that AIIMS did not dispute the nature of duties performed by the petitioners, which were identical to those of the regular nursing staff.

Given the substantial similarity in their roles, the high court invoked the Supreme Court judgment and ordered that the petitioners should receive wages equivalent to the minimum of the pay scale applicable to regular staff nurses at AIIMS, along with dearness allowance.

The court also set aside the tribunal's previous order, concluding, "The respondent (AIIMS) is directed to pay the salary in the minimum of the pay scale of the post along with Dearness Allowance to the petitioners with effect from September 19, 2013... but without interest."

This landmark decision in favor of contractual nurses is not only a testament to their dedication but also a crucial step towards ensuring fair compensation for their vital contributions in the healthcare sector.