Denial Of Employment To Female Candidate Unconstitutional: Jharkhand HC Quashes Eastern Coalfield Limited’s Letter Refusing Employment To Woman
The Jharkhand High Court quashed the letter through which Eastern Coalfield Limited refused employment to a woman while observing that denial of employment to the female candidate is against the provision made in Articles 14 and 15 of the Constitution of India.
The Court was hearing a Writ Petition filed seeking directions to Respondents to provide employment to Petitioner as a land loser of 5.06 acres. The Petitioner challenged the letter through which she was denied employment.
The bench of Justice Sanjay Kumar Dwivedi observed, “…denial of employment to the female candidate is against the provision made in Articles 14 and 15 of the Constitution of India.”
Advocate Mahesh Tewari appeared for the Appellant and Advocate Amit Kumar Das appeared for the Respondent.
In the present case, the Petitioner's father’s land was used for coal extraction by Eastern Coalfields Limited. After a legal battle, the father's petition was allowed. The Court dismissed the Eastern Coalfields' appeal directing the company to compensate and offer employment to the Petitioner's family. However, despite the final Court order, Eastern Coalfields failed to comply and issued a letter denying employment with an offer of compensation
The Court noted that in paragraph 30 of the counter affidavit itself, it is stated that in exceptional cases where there is no male nominee, the proposal for female employment was being considered by the Eastern Coalfields Limited and, as such, based on gender, denying the employment is against the mandate of the Constitution of India.
The Court quashed the letter issued by the Eastern Coalfields Limited.
The Court allowed the Writ Petition.
