Gender No Criteria To Deny Compassionate Employment: Jharkhand High Court Grants Relief To Married Daughter Of Deceased Employee
Contents News/Article Date: 15th August 2022
Relating to which Act : The Indian Succession Act, 1925
Type : Jharkhand High court Order for relief
Pertains to Petitioner and Defendant
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In this instance, there is a judgment of the Jharkhand High Court t recently granting relief to the married daughter of a deceased employee who was denied compassionate employment by the Jharkhand Urja Vikash Nigam Limited.
Justice S. N. Pathak observed that the case is an example where the applicant for the compassionate appointment was “discriminated against” on the ground of gender.
Karma handles establishment and vendor-related compliances for hundreds of clients and in this instance, along with its alliance partner, S. D. Puri & Co. where it has forged alliances for legal and para-legal, industrial disputes, litigation, employment contracts, it advises all its clients and gives able direction as to how they should handle and go about problematic cases involving employees disputes and litigations.
Subject Gender No Criteria To Deny Compassionate Employment: Jharkhand High Court Grants Relief To Married Daughter Of Deceased Employee
For greater details, appended below is the complete news item
Gender No Criteria To Deny Compassionate Employment: Jharkhand High Court Grants Relief To Married Daughter Of Deceased Employee
The Jharkhand High Court recently granted relief to the married daughter of a deceased employee who was denied compassionate employment by the Jharkhankhand Urja Vikash Nigam Limited.
Justice S. N. Pathak observed that the case is an example where the applicant for the compassionate appointment was “discriminated against” on the ground of gender
The Petitioner submitted that the impugned order rejecting her claim suffers from gender bias, inasmuch as, if the son of the deceased employee comes within the zone of consideration for employment on compassionate grounds, there is no reason as to why, the daughter, whether married or unmarried, should be excluded from the zone if the such daughter is fully dependent upon the deceased employee.
The Court was informed that the claim of the petitioner was rejected after more than four years from the date of submission of the application, that too only on the ground of her being a married daughter. It was submitted that though the petitioner is presently married, at the time of submission of her application for compassionate appointment, she was unmarried and fully dependent upon the income of her mother.
It was further submitted that it is for the fault of the respondents, the matter was decided after a long delay of more than four years, and for this act of arbitrariness on the part of the respondents, the petitioner cannot be victimized or be deprived of her rights under Articles 14 and 16 of the Constitution of India
The counsel appearing on behalf of the respondents submitted that ‘married daughters’ do not come under the definition of dependent of the deceased employee and hence, no case is made out in favour of the petitioner.
The Court noted that the submission of Respondents that married daughter does not come with the definition of dependent of the deceased employee is not tenable in view of the law laid down by catena of judicial pronouncements of the High Court as well as of the Supreme Court.
It referred to Madhubala Sinha Vs. M/s Central Coalfields Ltd & Ors. where it was held that when the brother of the deceased workman dying unmarried, if fully dependent upon the deceased employee, is entitled to be considered for appointment on compassionate ground, there is no reason as to why the sister, whether married or unmarried, should be deprived of such benefits.
Similarly, in Smt. Asha Pandey Vs. Coal India Ltd., the Supreme Court declared as void a policy excluding married daughter from consideration for dependent employment
The High Court accordingly directed the respondent to consider the case of the petitioner for compassionate appointment in place of her deceased mother and pass appropriate orders for appointing her on compassionate grounds, so that she could meet the situation of the sudden death of the sole bread-earner, who had left the family in penury and without means of livelihood.
Case Title: Rita Giri Versus The Jharkhand Urja Vikash Nigam Limited