EMPLOYERS IN RELATION TO THE MANAGEMENT OF BHOWRA AREA NO.XI OF M/S BCCL, DHANBAD Vs. PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE Award dated 17.07.2001 delivered by the Central Government Industrial Tribunal (No.2), Dhanbad in Reference No. 04 of 1992 is under challenge whereby the reference in question has been answered in favour of the workman by holding that the dependent son of Sri N. K. Banerjee, Overman, who retired on 07.06.1986 is entitled to employment under the management of M/s Bharat Coking Coal Limited -the petitioner herein.

(3.) THE question whether a dependent of an employee of an instrumentality or agency of the State itself is entitled to be given preference in the matter of public employment on the ground that his parent has been the employee is contrary to the fundamental right guaranteed under Article -16 of the Constitution of India as it amounts to making discrimination in the matter of public appointment on the ground of descent which is prohibited under Article 16 of the Constitution is squarely covered by the decision in the case of Yogender Pal Singh and Others Vs. Union of India and Others reported in AIR 1987 SC 1015 wherein the Hon'ble Supreme Court of India while dealing with contention in connection with the Recruitments Rules held as follows para -16 and 17 is quoted here -in -below: -