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High Court Of Calcutta
M.S. Shah, Pinaki Chandra Ghose, JJ.
Santi Ruidas : Appellant
Versus
Coal India Ltd : Respondent
M.A.T. No. 1298 of 2009
Decided On : Feb 25,2010
DISCRIMINATION - GENDER - COMPASSIONATE APPOINTMENT - NATIONAL COAL WAGE AGREEMENT - V - FEMALE DEPENDANT - AGE ELIGIBILITY - CONSTITUTIONALITY - ARTICLE 14, 15, AND 16.
Fact of the Case:
The appellant, a female dependent of a deceased employee of the respondent company, was denied compassionate appointment on the ground that she was below 18 years of age on the date of her father's death and that, as per the National Coal Wage Agreement - V, the name of a female dependent below the age of 18 years could not be kept on the live roster for employment.
Finding of the Court:
The court held that the gender discrimination in the National Coal Wage Agreement - V, which excluded female dependents below the age of 18 years from being kept on the live roster for employment, was arbitrary and unconstitutional, violative of Articles 14, 15, and 16 of the Constitution of India. The court relied on the decisions of the Supreme Court in Savita Samvedi (Ms) and Anr. v. Union of India and Valsamma Paul (Mrs.) v. Cochin University and Ors., which held that all forms of discrimination on grounds of gender are violative of fundamental freedoms and human rights.
Issues: 1. Whether the gender discrimination in the National Coal Wage Agreement - V, which excluded female dependents below the age of 18 years from being kept on the live roster for employment, was arbitrary and unconstitutional? 2. Whether the appellant, who had completed 15 years of age but not 18 years of age on the death of her father, was entitled to have her name kept on the live Register for employment upon completion of 18 years of age?
Ratio Decidendi: 1. The court held that the gender discrimination in the National Coal Wage Agreement - V, which excluded female dependents below the age of 18 years from being kept on the live roster for employment, was arbitrary and unconstitutional, violative of Articles 14, 15, and 16 of the Constitution of India. 2. The court relied on the decisions of the Supreme Court in Savita Samvedi (Ms) and Anr. v. Union of India and Valsamma Paul (Mrs.) v. Cochin University and Ors., which held that all forms of discrimination on grounds of gender are violative of fundamental freedoms and human rights. 3. The court also relied on the provisions of the Protection of Human Rights Act, 1993, and the Convention on the Elimination of all forms of discrimination against woman, 1979 (CEDAW), which prohibit discrimination against women on the basis of sex.
Final Decision: The court allowed the appeal, set aside the order of the Learned Single Judge, and directed the respondents to consider the appellant's case for compassionate appointment without treating her as disqualified on the ground that she was a female dependent and had not completed 18 years of age on the date of her father's death.
1. IN stead of hearing the stay application, we have taken up the appeal itself for final hearing with the consent of the learned Counsel for the parties by treating the same as on day's list.
2. THIS appeal is directed against the judgment dated 25th June, 2009 of the Learned Single Judge dismissing the writ petition of the appellant for compassionate appointment on the ground that the appellant being a female aged 17 years 11 months, 17 days on the date of death of her father was not entitled to keep her name on a live roster according to bipartite settlement.
The appellant's father Panchu Ruidas, belonging to a backward class was an employee of the respondent company - Eastern Coal Fields Limited. Panchu died on 27th December, 1999. The appellant being the youngest of the three daughters of the deceased, who had left no male issue, made an application for compassionate appointment. The appellant, who has passed the secondary school certificate examination, was called for the Screening Test by letter dated 31st July, 2000 (Annexure P-2) and 6/7th December, 2000 (Annexure P3) and thereafter the appellant was called for the Medical Test on 4th January, 2001 by letter dated 23rd December, 2000 (Annexure P-4). Thereafter, the appellant was called by letter dated 29/30th April 2002 to meet the Personal Manager (Emp.) with all educational certificates in original. Since the appellant was not being offered any employment on compassionate ground, the appellant and her mother and workers' union went on making representations. Ultimately, the petitioner moved this Court by filing W. P. No. 1262 of 2008 which the respondents resisted on the ground of delay. After overruling that objection, a learned single Judge of this Court (S.P. Talukdar, J.) disposed of the writ petition on 5.8.2008 with a direction to the appellant herein to make a fresh representation and a direction to the respondents to consider the matter "in its proper perspective." The appellant, accordingly, made a representation, but by the impugned communication dated 26th September, 2008 (Annexure - P-9) the appellant was informed that the appellant was 17 years 11 months and 17 days old as on the date of death of the appellant's father which took place on 27th December, 1999 and that the provision to keep the name of the dependant younger than 18 years on the live roster was applicable only to male dependants, but not to female dependants. The appellant was, accordingly, informed that her case for employment did not warrant any consideration.
3. AT the hearing of the writ petition filed by the appellant challenging the above communication, the respondent company relied upon Clause 9.5.0 of the Memorandum of Agreement, being the National Coal Wage Agreement - V arrived at the joint bipartite committee for the coal industry. Clause 9.5.0 reads as under:
"9.5.0 Employment / Monetary compensation to female dependant Provision of employment/monetary compensation to female dependants of workmen who die while in service and who are declared medically unfit as per Clause 9.4.0 above would be regulated as under:
i) In case of death due to mine accident, the female dependant would have the option to either accept the monetary compensation of Rs. 3,000/- per month or employment irrespective of her age.
ii) In case of death/total permanent disablement due to causes other than mine accident and medical unfitness under clause 9.4.0 if the female dependant is below the age of 45 years she will have the option either to accept the monetary compensation of Rs. 2.000/- per month or employment. In case the female dependant is above 45 years of age she will be entitled only to monetary compensation and not to employment.
iii) In case of death either in mine accident or for other reasons or medical unfitness under clause 9.4.0, if no employment has been offered and the male dependant of the concerned worker is 15 years and above in age he will be kept on a live roster and would be pr
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