OIL INDIA LTD Vs. PRABHAT SAIKIA

JUDGEMENT

(1.) Clause 3 (iv) of the Recruitment Policy of the Appellant-Company (Respondent in the Writ Petition) for recruitment of unskilled workmen had been put to challenge by the Respondents herein as the Writ Petitioners in the Writ Petitions, out of which the present Writ Appeals have arisen. Under the policy in force of the Appellant-Company, recruitment of unskilled workmen is confined to 3 categories of persons in the prescribed percentage. Clause 3 (iv) thereof, however, imposes a prohibition on recruitment of a person belonging to a family, of which another person is already in employment with the Appellant-Company. The learned Single Judge, by judgment and order dated 11.4.2003, having held Clause 3 (iv) of the Recruitment Policy to be constitutionally invalid on the ground that it introduces a discrimination based on descent which is prohibited by Article 16(2) and on that basis having passed consequential directions for consideration of the cases of the Respondents- Writ Petitioners, the Appellant-Company had preferred the present Writ Appeal,

(2.) We have heard Shri S N Sarma, learned Senior Counsel appearing on behalf of the appellant and Shri AK Bhatta charyya, learned Senior Counsel appearing on behalf of the Respondents.

(3.) Before proceeding any further, the categories of persons in respect of whom recruitment to the posts of unskilled workmen in the Appellant-Company has been confined by virtue of the policy in force as well as Clause 3(iv) thereof, which has been found to be constitutionally invalid, may be set out here under; (a) Land affected persons belong to operational areas of OIL-40% (b) Local persons hailing from districts where operation of oil is in progress - 35% (c) Employees children - 25% Clause 3 (iv)