1. When this matter was taken up for the purpose of issuing directions to Respondents 8 to 12, namely, Film Employees Federation of South India, South India Cine Make-Up Artist Union, Karnataka State Film Make-Up and Hair Stylist Association, All Kerala Care Make-up Artist and Hair Stylist Union and Andhra Pradesh Care Make-Up Artist and Hair Stylist Union, Ms Jyotika Kalra, learned counsel appearing for the petitioners, produced a letter dated 11-12-2014, written by the General Secretary of Costume, Make-Up Artists and Hair Dressers Association. The said letter reads as under:
“To
Mrs Charu Khurana
F-502, Royal Classic Apartment,
Next to Fame Adlabs, New Link Road,
Andheri (W), Mumbai 400053
Sub.: Acceptance of your membership as make-up artist as per the order of Hon'ble Supreme Court dated 10-11-2014.
Dear Madam,
Pursuant to the order passed by the Hon'ble Supreme Court in Charu Khurana v. Union of India (2015) 1 SCC 192, you are required to be enrolled as member of our association as make-up artist.
You are accordingly enrolled as member of our association as make-up artist subject to your effecting the payment of membership fees of Rs 1,00,001 by demand draft and submission of necessary documents. In view of your becoming the member of our association as make-up artist you are entitled to do the work applying wigs, doing get ups and prosthetic make-up related to the work of make-up artist.
Upon your complying with the aforesaid conditions you will be issued the identity card.
Thanking you,
Yours Truly,
For C.C.M.A. & H.D.A.
Mr Stanley D'Souza
(General Secretary)”
2. It is submitted by Ms Kalra that this Court by the judgment in Charu Khurana v. Union of India (2015) 1 SCC 192 had never directed that the female make-up artists will be registered only as female make-up artists, but not as hair dressers. Mr Ranjit Kumar, learned Solicitor General appearing for the Union of India, has drawn our attention to para 52 of the judgment, which reads as follows:
“52. Thus, the aforesaid decision in Vishaka case (1997) 6 SCC 241 unequivocally recognises gender equality as a fundamental right. The discrimination done by the Association, a trade union registered under the Act, whose rules have been accepted, cannot take the route of the discrimination solely on the basis of sex. It really plays foul of the statutory provisions. It is absolutely violative of constitutional values and norms. If a female artist does not get an opportunity to enter into the arena of being a member of the Association, she cannot work as a female artist. It is inconceivable. The likes of the petitioners are given membership as hair dressers, but not as make-up artist. There is no fathomable reason for the same. It is gender bias writ large. It is totally impermissible and wholly unacceptable.”
3. On a perusal of the aforesaid paragraph, it is clear as day that the persons who have registered themselves as make-up artists cannot register themselves as hair dressers or costume stylists. Needless to say, the judgment has been absolutely misconstrued by the Association. It is, accordingly, directed that all concerned shall see to it that any person, male or female, can be registered with an association, if otherwise eligible, to become either a make-up artist or a hair dresser or a costume stylist, or all together. It shall be subject to deposit of the prevalent fees. Both, male and female artists shall enjoy the same benefit. To elaborate, a female artist can become a make-up artist and a hair dresser or a costume stylist; similarly, a male artist can also work in all the categories. There cannot be any exclusivity or categorisation for any particular gender. This order shall be carried out in letter and spirit.
4. We have been apprised by Ms Jyotika Kalra that the Association has asked them to deposit membership fees of Rs 1,00,001, while at the time of the submission of application, it was Rs 5001. Having heard the learned counsel for the petitioners, and Ms Asha G. Nair, learned counsel for the State of Maharashtra, as an ad interim measure, it is directed that the petitioners and their likes, shall be registered as a make-up artist or hair dresser or costume stylist, pending upon their application and eligibility, subject to deposit of fees of Rs 15,000 for each category. Needless to emphasise, this is an ad interim measure, subject to hearing of the registered Trade Union of Maharashtra and the Associations concerned, as far as the fees is concerned.
5. There shall be no hearing in respect of the first direction. The hearing would be restricted to fees, that is, applicability of the quantum at the time of submission of the application or in praesenti.
6. Issue notice to Respondent 5, Cine Costume Make-Up Artists and Hair Dressers Association, and also to the authorities, who have been mentioned in para 57 of the judgment.
7. Ms Asha G. Nair, learned counsel, accepts notice on behalf of the State of Maharashtra and the Registrar of the Trade Union. As far as Respondents 8 to 12 are concerned, let a copy of the judgments be sent to the Chief Secretaries concerned of the States of Tamil Nadu, Karnataka, Kerala and Andhra Pradesh. The Chief Secretaries of the said States shall depute the competent authority to see that the judgment is complied with. The requisite affidavit of compliance shall be filed within four weeks hence.
8. This order shall also be sent to the Chief Secretaries of the States of Odisha and West Bengal for the compliance in aforesaid terms.
9. List the matter on 9-2-2015.
Order dated 16-3-2015
10. Petitioner 1, Charu Khurana, has given two cheques to the learned counsel appearing for Respondent 5, Cine Costume Make-Up Artists and Hair Dressers Association. Be it noted, Mr Sharad D. Shelar, President of the Association is present in the Court and has accepted the cheques for the membership.
11. In view of the aforesaid, it is directed that Petitioner 1 can send her representative with the order of this Court and Respondent 5, the Association, shall register the petitioner as “Make-Up Artist and Hair Dresser” and give the membership certificate to the representative. The petitioner or the representative is directed to go to the Office of the Association within three weeks hence. The registration certificate shall be given on the same day, failing which all the office-bearers of the Association shall be liable for contempt of this Court. It is hereby made clear that no excuse on this score shall be entertained, for non-granting of registration certificate will tantamount to disobedience of the order of this Court.
12. Let the matter be listed on 13-4-2015.
Order dated 13-4-2015
13. Heard Ms Jyotika Kalra, learned counsel for the petitioner and Mr Guru Krishna Kumar, learned Senior Counsel for Respondent 5.
14. Having heard the learned counsel for the parties, it is directed that the petitioners shall fill up the personal bond indicating Rs 1000 instead of Rs 25,000 and deposit the fees as has been directed by this Court on the earlier occasion. The bond that is sought to be signed by the petitioners, shall not contain that they shall pay Rs 1,00,000 as membership fees, subject to the order of the Supreme Court, for we are of the considered opinion that when we have said that facet shall be dealt with at a later stage, that need not be a part of the bond.
15. We are constrained to repeat at the cost of repetition that Respondent 5, Cine Costume Make-Up Artists and Hair Dressers Association, is bent upon in not granting the membership adopting one excuse or the other. Possibly they feel that they rule some kind of empire and they would not allow anyone to enter. This kind of obstinacy speaks eloquently about the attitude and we do not appreciate the said attitude of the office-bearers of the Association and we are sure that wisdom will dawn on them and they will extend the benefit of membership to the petitioners within a week hence. If the Association still would have any grievance, they can agitate the same before this Court because we are harbouring a feeling that they intend to overreach the Court which is inconceivable in law, and not appreciated.
16. List the matter on 20-4-2015.
Order dated 20-4-2015
17. The learned counsel for the petitioner has produced a letter written by Respondent 5 Association to the petitioner. It reads as follows:
“To,
Charu Khurana
B-68, Lajpat Nagar 2
New Delhi, in front of Arya Samaj Mandir
New Delhi 110 024
Madam,
Pursuant to the order dated 16-3-2015 passed by the Hon'ble Supreme Court in Charu Khurana v. Union of India and the payment made by you in the Court through cross cheque in the name of the Association. You are hereby enrolled as the member of our Association in a capacity of make-up artist and hair dresser subject to the final outcome of the above petition and complied with all the formalities from your side.”
18. It is submitted by Mr Guru Krishna Kumar, learned Senior Counsel appearing for the Association, that the said communication shall be treated as a membership of the Association as make-up artist and hair dresser, for the membership card would take around two months' time as a magnetic card is required to be prepared.
19. In view of the aforesaid, we give the stamp of approval to the said letter and clearly state that all concerned shall accept it as the membership card to engage the first two petitioners, namely, Charu Khurana and Neha Kamra for the aforesaid purpose. Needless to emphasise, if other petitioners shall comply with our earlier orders, they shall also be issued similar letters.
20. List in the last week of August, 2015.
Court Masters