Delhi HC allows appeal of Italian embassy's Indian-origin employees in salary-discrimination plea

New Delhi, Dec 5 (PTI) The Delhi High Court has set aside an earlier order of a single-judge bench that rejected a plea by the Indian-origin employees of the Italian embassy here, claiming discrimination in the payment of salaries.

A bench of Justices Anil Kshetarpal and Renu Bhatnagar was hearing an appeal against the May 2019 order of the single-judge bench that dismissed the suit as it found no cause of action.

The employees had filed the suit, saying the discrimination in salaries and payments was violative of an Italian Presidential Decree of 2000. Against its dismissal, the present appeal was filed, saying the single-judge bench had "misconstrued and misapplied" the law relating to the rejection of the plaint.

In an order dated December 3, the bench said, "The court finds that the single judge has erred in rejecting the plaint on the basis of nonexistence of a cause of action." Setting aside the earlier order, it said the plea disclosed a cause of action and must be allowed to proceed.

The bench, however, clarified that "any assessment of the merits of the cause of action or applicability of defences (limitation, jurisdiction etc.) will have to await fuller consideration on the record".

It said as the appellants (the Indian-origin employees) and their Italian-origin comparators were locally recruited and had resided in India for at least two years before employment, the factual foundation for classifying them as a homogeneous category was "cogent".

"This gives out prima facie reasons to venture into pay parity as a legal entitlement under the Presidential Decree. The appellants should have been allowed to prove their assertions. However, the case of the appellants was misconstrued and the facts were wrongly presumed to their detriment," the court observed.

It said the factual dispute -- whether these employees indeed formed a homogeneous group entitled to equal pay -- was complex, involving the interpretation of the relevant law and factual nuances like residency, job classification and the cost of living.

The court said such issues cannot be summarily decided under the provisions of the Code of Civil Procedure (CPC), but require a thorough examination at the trial stage.

"The same could not have been ascertained by the court without giving an opportunity to the appellants to lead evidence. Thus, the plaint rightly raises triable issues on this critical point," the court said, allowing the appeal.

It reinstated the plaint, saying the suit will proceed to trial on its merits. PTI MNR RC