The Kerala Supreme Court dismissed a working condition, ruling that a woman who meets all the qualifications for a job cannot be refused employment simply because she is a woman and the nature of the work requires her close works hrs.
The bank lifted one such embargo, which was part of the Kerala Minerals and Metals Ltd. was issued and that only allowed male applicants to apply for the position.
In the present case, the applicant was a graduate engineer in the security department. She objected to the aforementioned notice from the public sector company to the permanent security officer.
She alleged that the notice was of a discriminatory nature and that her right to be considered for a particular job had been violated by the fact that only male candidates were invited.
She also prayed that Section 66 (1) (b) of the Factories Act of 1948 would be declared unconstitutional as it states that women are only allowed to work between 6 a.m. and 7 p.m.
The bank found that the embargo violated Articles 14, 15 and 16 of the Indian Constitution. The bank also found that women’s protections cannot stand in the way of employment, especially if their qualifications make them eligible for the job.
The bank reaffirmed the duty of government officials, stating that they should take all appropriate measures to ensure that a worker can safely and comfortably carry out the work assigned to her, regardless of the hours.
With regard to Section 66 (1) (B) of the Act, the court relied on a number of judgments which found that this provision had been introduced to protect women from all forms of exploitation. The social stereotypes could, however, fall within their remit. Way of the fundamental rights.
The bank stated that this was only a protective provision and could not be used as an excuse for not admitting candidates.