LEELA Vs. STATE OF KERALA

JUDGEMENT

(1.) Does S.66(1)(b) of the Factories Act, 1948 discriminate against women or does it embody a special provision in their favour This is the short question that arises for consideration in these four writ petitions. Learned Counsel for the parties have referred to the facts as averred in O.P.No. 16017/1997. These may be briefly noticed.

(2.) The petitioner was appointed as a Binding Assistant with the Kerala Books and Publications Society on October 17,1978. In the year 1982, the Society circulated a seniority list. The petitioner approached this Court through a petition under Art.226 of the Constitution with the grievance that the seniority had not been correctly fixed. This petition was registered as O.P. No. 7510/1982. It was disposed of with a direction that the petitioner may file a representation. She did so. Thereafter, she was promoted to the post of Machine Operator on December 2, 1982.

(3.) On June 20, 1997, Mr.K. Prabhakaran Pillai, the third respondent, was given charge of the post of Supervisor (Binding). The petitioner alleges that she is senior to the third respondent. She was entitled to be promoted as a Supervisor. It is on account of the provision embodied in S.66(1)(b), which provides that "no woman shall be required or allowed to work in any factory except between the hours of 6 a.m. and 7 p.m." that she has been denied promotion to the post of Supervisor. The petitioner alleges that the provision suffers from the vice of discrimination. It violates Arts.14,15 and 16 of the Constitution. Thus, the provision should be declared unconstitutional.