The Delhi High Court has ruled that a woman returning from maternity leave at a private company is ordinarily entitled to resume her previous position and cannot be placed at a professional disadvantage by reducing her responsibilities, managerial authority or prospects of career advancement.
The Court held that if a woman’s previous post is no longer available for bona fide and demonstrable organisational reasons, she must be placed in a position as nearly equivalent as possible in terms of pay, grade, status, responsibilities, managerial authority and prospects of advancement. The court was dealing with a petition by chartered accountant Rakhi Bisht, who alleged that she was sidelined by a private company after returning from maternity leave.
“It also encompasses the right of a woman employee to resume her employment without suffering any substantive disadvantage in her professional status, responsibilities, authority, or prospects of career advancement solely by reason of pregnancy or the availing of maternity leave,” the Judge said.
The court rejected the company’s contention that the dispute concerned a private contract of employment and could not be examined in a writ petition. The court also directed the Centre to frame rules or schemes, or issue directions, within six months on pregnancy-related workplace accommodation, protection of role and status after maternity leave, lactation support, creche functionality, grievance redressal and protection against retaliation. Because of post-maternity circumstances should not be treated as having waived her statutory protection, justice Datta further held that a woman seeking an adjustment in her duties, working hours, workplace or role.
Such an arrangement cannot be held against her in appraisal or promotion, the court said.
“In the present case, the petitioner [woman] does not seek to enforce any term of her employment contract; rather, she seeks to enforce Section 12 of the Maternity Benefit Act, 1961, which imposes an obligation upon every employer to whom the Act applies and which remains unaffected by the terms of the employment contract between the parties,” the Court said.
