KISTO DASI Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) In this writ application the impugned order dated 12th June, 2002 issued by Personal Manager (Employment) of Eastern Coalfields Limited, Sanctoria, P. 0. Disergarh, Dist. Burdwan as addressed to the Secretary of Koyala Mazdoor Congress, Sanctoria No.9 Colliery is under challenge. By the said impugned order annexed at page 30 of the writ application the appointment of petitioner No.2, Smt. Hamida Khatoon, daughter of petitioner No.1 under the Social Security Scheme in terms of provision of National Coal Wage Agreement-V providing job to the dependent of an employee who has been declared as physically unfit to work was rejected only on the ground that the petitioner No.2 was the divorcee daughter and hence was not attracted under the clause of the said agreement for consideration of her case. The factual matrix of applicability of Social Security Scheme under the National Coal Wage Agreement-V and the fact that the petitioner No.1 due to medically unfit to work accrued right to pray for job of a dependant, are not under challenge but those are admitted and undisputed.

(2.) Only consideration accordingly arise in this writ application as to whether the divorcee daughter could be denied the benefit of employment, though under the National Coal Wage Agreement-V aforesaid, the marital status of a son is not at all the subject-matter of consideration, namely, married or divorcee or unmarried while deciding the issue of appointment applying said scheme. In the case of a daughter only it is stipulated in the said agreement that she must be unmarried to avail the benefit of appointment in the event of the employee being medically unfit to work upon whom she is dependent. Under the National Coal Wage Agreement-V, there is no provision for appointment of divorcee daughter. In this writ said National Coal Wage Agreement-V is under challenge on the ground that the provision of non-consideration of divorcee daughter on the reflection of keeping the provision of such appointment to a son of the employee concerned irrespective of his marital status, is ultra vires to the Constitution leading to sex discrimination and thereby violates Article 14 of the Constitution of India.

(3.) The relevant provision of the National Coal Wage Agreement-V reads to this effect: -