‘No discrimination against women’: Chhattisgarh High Court slams PSU for denying job to widowed sister

“Time and again, the Hon’ble Supreme Court, as also this court, has affirmed that no discrimination can be permitted against women at large in the matter of compassionate or dependent employment,” the high court said in its February 28 order. 

‘Employment in lieu of land acquisition’

• The issue regarding the eligibility of a sister for dependent employment is no longer res integra (untouched matter).
• The Supreme Court, as well as this court, has time and again affirmed that no discrimination can be permitted against women at large in the matter of compassionate or dependent employment.
• Since there is no other survivor to support the widowed mother and the sister herself, a widow residing in her maternal home, this court observes that the sister is entitled to be considered for dependent employment.

• It is important to note that the employee was employed in lieu of land acquisition, which grants the family a vested interest in the employment benefits.
• Rajaram, the employee of SECL, was the son and brother of the petitioners who died unmarried in a motor accident in April 2022.
• The court noted that he was the sole breadwinner for a family consisting of his mother and sister. His mother is a widow, and his sister returned to her matrimonial home after her husband’s demise. 
• The case establishes that the family was composed of three members, the son, mother and sister, and the sudden demise of the sole breadwinner left the survivors in a state of dependency. 
• The letter pointing to the rejection of the compassionate appointment request of the sister is quashed.
• The said company is directed to consider the case of the sister as afresh for the grant of compassionate appointment. 
• After the verification, the sister should be granted an appointment in place of her dead brother, Rajaram. 
• This exercise should be completed within a period of 60 days from the date of receipt of a copy of this order. 

‘Sole bread-winner, petitioners dependency’

• The case was filed by the petitioners, the mother and sister of the employee, who died in harness while working as a trainee in the SECL. 
• During his lifetime, the employee had applied for employment under the rehabilitation policy instead of land acquired for the SECL Gevra Project.
• However, in April 2022, Rajaram died in a motor accident. 
• Being unmarried at the time of his death, he left behind no legal heirs other than his mother and sister. 
• The petitioner claimed that during his lifetime, Rajaram was the sole breadwinner for his family, and they were wholly dependent upon him. 

• It was claimed that the mother of the employee, who is aged about 72 years, was maintained entirely by her late son. Similarly, his sister relied upon him for her sustenance.
• On account of the sudden demise of Rajaram in the motor accident, an application for dependent employment was submitted along with all relevant documents. 
• However, the said application was rejected because the sister of an employee is ineligible for such an appointment. 

‘Widowed mother, sister’

• Appearing for the petitioner, advocate R R Soni, argued that both the mother and sister were entirely dependent upon Rajaram. 
• He further submitted that one petitioner is a widowed mother and the other is a widowed sister, the latter’s husband having passed away in April 2002.
• Since the demise of her husband, the employee’s sister has been residing at her maternal home with Rajaram.
• He further submitted that, as there are no other eligible dependents capable of seeking employment, the sister is entitled to be considered for dependent employment to ensure the survival of the family. 
• He also submitted that the denial by the authorities concerned on the ground that sisters are not eligible under the respective company’s rules is in total disregard of Article 14 of the Constitution. 

‘Not eligible’

• Representing the organisation, advocate Saksham Soni submitted that the sister was not dependent upon the employee. 
• Soni emphasised that the National Coal Wage Agreement (NCWA), which is binding upon all coal companies, does not consider sisters to be entitled to get dependent employment.