Exclusion Of Female Dependents From Consideration For Compassionate Appointment Violative Of Art. 14: Chhattisgarh High Court Reiterates
The Chhattisgarh High Court has recently held that a clause in an agreement under Industrial Disputes Act, 1947, which only entitled a male dependent for compensatory recruitment, should be read in such a manner that it includes female dependents also. A Division Bench of Chief Justice Arup Kumar Goswami and Justice N.K.Chandravanshi noted,"It is apparent that clause 9.5.0(iii) of the NCWA-IV...
The Chhattisgarh High Court has recently held that a clause in an agreement under Industrial Disputes Act, 1947, which only entitled a male dependent for compensatory recruitment, should be read in such a manner that it includes female dependents also.
A Division Bench of Chief Justice Arup Kumar Goswami and Justice N.K.Chandravanshi noted,
"It is apparent that clause 9.5.0(iii) of the NCWA-IV is clearly violative of Articles 14 and 16 of the Constitution of India because discrimination is made on the basis of gender inasmuch as while the name of a male dependent of the deceased worker who is 12 years and above is kept in a live roster until he attains the age of 18 years when his case would be considered for compassionate appointment commensurate with his skill and qualifications, no such provision is made for a female dependent."
The petition challenged clause 9.5.0 (iii) of the National Coal Wage Agreement-VI [NCWA-VI], which deals with Social Security. The said agreement is a settlement arrived under Section 18 of the Industrial Disputes Act, 1947 [ID Act].
The petitioner claimed to be the daughter of a former workman regularly working as Belt Khalasi. However, he died of a snake bite while he was in service. The petitioner's mother moved an application for dependent employment under NCWA-VI.
However, the respondent responded that the petitioner's name was not recorded in service records. Thus as per the rules of the Company, she is not entitled to her name being put in a live roster. Instead, the respondents asked the petitioner to file an appropriate application for monetary compensation.
The petitioner then sought a declaration from the Family Court declaring that she was the daughter of the deceased. The judgment and decree were passed and attained finality as it was not challenged.
After the declaration, she again applied, considering her case afresh. However, it was rejected, stating that the applicant was 14 years, three months, and 22 days at the time of the employee's death. Therefore, as per Clause 9.5.0 (iii) of the NCWA-Vi, names of only male dependents are kept in the live roster if he is 12 years or above until he attains the age of 18.
Therefore, the said clause was challenged because it discriminates based on gender.
The Court observed that NCWA-VI is a binding settlement under Section 2(p) of the ID Act having the force of law, and therefore, the settlement terms should be fair and reasonable. It can be tested against the anvil of Articles 14, 15, and 16 of India's Constitution and Section 23 of the Indian Contract Act.
Therefore, the Court noted that the impugned clause should be real and include a female dependent who is 12 years of age and above, keeping the same in a live roaster until she attains 18 years.
Case Title: Mamni Pradhan v. South Eastern Coal Feilds Ltd & Ors.
Citation: 2022 LiveLaw (Chh) 8
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