Dama Seshadri Naidu, J.

Introduction:

1. It is an issue of judicial invalidation of Legislation: Rule 27A of the Foreign Liquor Rules is impugned as being violative of Articles 14, 15(1) & (3), 16(1) and 19(1)(g) of the Constitution of India. Uncluttered by statutory references, the issue is whether a woman can be deprived of employment solely on the ground of the alleged disadvantage she suffers from owing to her gender. In the present instance, women are sought to be discriminated against because of their sex, and nothing else.

Facts in Brief:

The petitioners, working as waitresses/restaurant assistants in a bar attached to a hotel in Trivandrum, faced the threat of termination from their employment with the introduction of a new Rule governing the Bars attached to hotels. As per the amendment of the Foreign Liquor Rules notified as SRO No. 959/2013 dated 09/12/2013, a new rule as Rule 27A is incorporated prohibiting women from being employed "in any capacity for serving liquor on the licensed premises". In terms of the same notification, in Form FL-3 under the heading "Conditions", a new condition has been incorporated as condition No. 9A which also contains the same prohi