- (1.) In this writ application the impugned order dated 12th June, 2002 issued by Personal Manager (Employment) of Eastern Coalfields Limited, Sanctoria, P. 0. Disergarh, Dist. Burdwan as addressed to the Secretary of Koyala Mazdoor Congress, Sanctoria No.9 Colliery is under challenge. By the said impugned order annexed at page 30 of the writ application the appointment of petitioner No.2, Smt. Hamida Khatoon, daughter of petitioner No.1 under the Social Security Scheme in terms of provision of National Coal Wage Agreement-V providing job to the dependent of an employee who has been declared as physically unfit to work was rejected only on the ground that the petitioner No.2 was the divorcee daughter and hence was not attracted under the clause of the said agreement for consideration of her case. The factual matrix of applicability of Social Security Scheme under the National Coal Wage Agreement-V and the fact that the petitioner No.1 due to medically unfit to work accrued right to pray for job of a dependant, are not under challenge but those are admitted and undisputed.
(2.) Only consideration accordingly arise in this writ application as to whether the divorcee daughter could be denied the benefit of employment, though under the National Coal Wage Agreement-V aforesaid, the marital status of a son is not at all the subject-matter of consideration, namely, married or divorcee or unmarried while deciding the issue of appointment applying said scheme. In the case of a daughter only it is stipulated in the said agreement that she must be unmarried to avail the benefit of appointment in the event of the employee being medically unfit to work upon whom she is dependent. Under the National Coal Wage Agreement-V, there is no provision for appointment of divorcee daughter. In this writ said National Coal Wage Agreement-V is under challenge on the ground that the provision of non-consideration of divorcee daughter on the reflection of keeping the provision of such appointment to a son of the employee concerned irrespective of his marital status, is ultra vires to the Constitution leading to sex discrimination and thereby violates Article 14 of the Constitution of India.
(3.) The relevant provision of the National Coal Wage Agreement-V reads to this effect: - "9.4.0 Employment to one dependant of a worker who is permanently disabled in his place: i) The disablement of the worker concerned should arise from injury or desease, be of a permanent nature resulting into loss of employment.and it should be so certified by the Coal Company concerned. ii) In case of disablement arising out of general physical debility so certified by the Coal Company, the employee concerned will be eligible for the benefit under this clause if he/she is upto the age of 58 years. A joint committee will be constituted by the JBCCI for considering as to what constitutes general physical debility referred to hereinabove. This committee will submit its report by 31.03.1996. In case of difference of opinion the matter will be referred to JBCCI which may appoint an Umpire to decide the issue. The decision of ihe Umpire shall be binding on the parties. iii) The dependant for this purpose means the wife/husband as the case may be unmarried daughter, son and legally adopted son. If no such direct dependant is available for employment younger brother, widowed daughter/widowed daughter-in-law or son-in-law residing with the employee and almost wholly dependent on the earning of the employees may be considered. In so far as female dependants are concerned, their employment would be governed by the provisions of Clause 9.5.0. iv) The dependants to be considered for employment should be physically fit and suitable for employment and aged not more than 35 years provided that the age limit in case of employment of female spouse would be 45 years as given in Clause 9.5.0. In so far as male spouse is concerned, there would be no age limit regarding provision of employment.";