In Air India Ltd v Presiding Officer, CGIT & Anr, Delhi High Court held that application of the principle of “equal pay for equal work” requires evidence of “total parity in the nature of the functions performed by regularly employed workmen and the daily wagers/casual workers”.
Dismissing an order made by the Central Government Industrial Tribunal (CGIT) in March 1991, the court said: “Merely because the casually employed workmen … are performing the same tasks as their regularly employed counterparts cannot by itself constitute a legal justification for application of the principle of “equal pay for equal work”.
The court said daily rated workers are not required to possess the qualifications prescribed for regular workers, nor do they have to fulfil the requirement relating to age at the time of recruitment.
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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
