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Delhi High Court · body

2013 DAILYLAW 2634 (DEL)

Wing. Cdr. A. K. Saxena v. Pawan Hans Helicopters Ltd.

2013-09-26

Valmiki J Mehta

body2013
Valmiki J. Mehta, J (ORAL).:— 1. By this writ petition, the petitioner by invoking the doctrine of ‘equal pay for equal work,’ seeks grant of pay and allowances which are granted to the regular pilots of respondent/Pawan Hans Helicopters Ltd. 2. It is settled law that in order to invoke and apply the doctrine of ‘equal pay for equal work’ at least the following requirements must be pleaded and shown to exist:- (i) The parity is claimed by the petitioner with a particular person/post. (ii) What are the qualifications of the person/post with whom/which parity is claimed and that the petitioner’s qualifications are identical or more or less same. (iii) The type and nature of work as also the quantity and time of work of the petitioner is similar to the person with whom parity is claimed. (iv) Hierarchy of promotions is similar with the person/post with whom/which parity is claimed. 3. In the present case, petitioner is only a contractual employee. Ordinarily therefore there cannot be comparison of unequals i.e a contractual employee cannot claim equality with a regular employee. Even if I assume this can be done, however, even a single ingredient required for invoking and seeking benefits of doctrine of ‘equal pay for equal work’ is not stated in the writ petition because what are the qualifications of the petitioner for being equivalent to the regular pilots is not stated, what is the nature and type of work which the petitioner is doing as equivalent to the regular pilots is not stated and how the entire work and job of the petitioner is identical or nearly similar to the regular pilots is also not stated. 4. In view of the above, since there does not exist any of the requirements for the petitioner to claim benefits of doctrine of ‘equal pay for equal work’, this writ petition does not lie, and the same is accordingly dismissed, leaving the parties to bear their own costs.