Violative Of Child Labour Rules: Karnataka High Court Backs Sahitya Akademi's Job Offer Withdrawal To 15 Yr Old

The Karnataka High Court has upheld the decision of the Sahitya Akademi to withdraw the job offer letter given to a minor aged about 15 years and 6 months at the time of his appointment.

Justice E S Indiresh ruled that such an age would violate the provisions of Rule 2B of the Child Labour (Prohibition and Regulations) Amendment Rules, 2017.

“The prohibition under the provisions of Rule 2B of the Child Labour (Prohibition and Regulations) Amendment Rules, 2017 is applicable to the case on hand and accordingly, the respondents-academy rightly withdrawn the appointment.”

The petitioner had approached the court seeking to quash two orders withdrawing his appointment as a Sales-cum-Exhibition Assistant issued by the second respondent.

It was said the respondent had invited applications from eligible candidates for appointment to the post of Sales-cum Exhibition Assistant. Pursuant to the same, the petitioner was selected subject to the production of relevant documents as mentioned in the offer of appointment. 

However, by letter dated 24.01.2022, the respondents found that the petitioner was aged about 15 years 6 months and accordingly, withdrew the offer of appointment letter.

It was argued that the petitioner has the requisite experience to be appointed to the post as per the experience certificate he produced. 

On the contrary, the respondent argued fabricated and issued by a Book House run by the petitioner's mother. The critical issue in the case revolved around the petitioner's age, with the respondents maintaining that the petitioner's age at the time of appointment was 15 years and 6 months.

The court pointed out that such an age would violate Rule 2B of the Child Labour (Prohibition and Regulations) Amendment Rules which prohibited the employment of individuals below a certain age, and the respondents were justified in withdrawing the appointment based on these regulations.

“The petitioner was aged about 15 years 6 months and therefore, the petitioner cannot be appointed to the said post by an organisation, much less the respondents herein, Ministry of Culture, Government of India.”

Consequently, the court ruled in favour of the respondents, upholding the withdrawal of the petitioner's appointment. Accordingly, it dismissed the petition.

Appearance: Advocate Nitesh Padiyal for Petitioner.

Advocate Ashish Dixit for Respondent.

Citation No: 2023 LiveLaw (Kar) 389

Case Title: Vivek Hebbale And Sahitya Akademi & ANR

Case No: WRIT PETITION NO.202397 OF 2022

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