THE State has appealed to the High Court a Labour Court decision that 20 women are entitle or to be paid the same as two higher grade radio officers working with them.
Mr Justice Keane said he would give his decision on Monday.
The women are employed as communications assistants at "Shannon Air Radio" in Ballygirreen, Co Clare. They process charges levied on international users of air/ground communications services and data relating to flights leaving Ireland for transmission to Brussels.
In 1992 an equality officer found for four women, members of the Civil and Public Service Union. The Labour Court, on appeal, upheld the decision. The Labour Court in its findings said the Department of Transport, Energy and Communications had claimed the two male radio officers, because of medical difficulties, were unable to undertake the full duties of such a position and had been detailed to work in the accounts office.
The Department also maintained the two men were in receipt of a "red circle" grade of pay (where for specific reasons a person who may not be required to perform normal duties can retain their grade doing duties which would attract a lower rate of pay).
The Labour Court decided such a defence was not sustainable.
The union claimed an artificial barrier had been created by allocating specific duties within the accounts section to justify the payment of a higher rate to the male workers. The Labour Court decided the work of the radio officers in the accounts office was equal in value to the work of the women.
Mr Paul O'Higgins SC, for the Department, read an affidavit by Ms Mary McLoughlin, an assistant principal officer, who said the two radio officers level of pay derived from their particular grade and the entry requirements which were significantly different from the four women.
Ms McLoughlin said the Labour Court failed to address the issue whether the difference in rates of pay between the two men and the women was attributable to grounds other than gender, in circumstances where the Department "objectively justified the differentials".
Ms Catherine Campbell, a communications assistant, said in an affidavit the posts held by the two men were not assigned on grounds of ill health but specifically assigned to radio officers, which was an almost exclusively male grade.
These posts had always been held by radio officers. The two particular men replaced other male radio officers.