Delhi High Court has given an important decision regarding maternity leave. The court said that a female employee returning from maternity leave has the right to work in the same post on which she was working before going on leave. The Court made it clear that motherhood cannot be a reason for humiliation or disadvantage for a woman at the workplace. A bench of Justice Sachin Dutta said that if the earlier post of the woman is not available by the time she returns from maternity leave, the employer will have to offer her another post with similar pay, grade, status, responsibilities, rights and career prospects.
It is necessary to give complete information about alternative post
The court said that if the woman's old post is not available before her return, then the employer should inform her in advance about the reason. Besides, he will also have to give complete information about the alternative post given to him. This should include a clear description of grades, salaries, reporting structure, and responsibilities. The court said that under normal circumstances, a female employee returning from maternity leave has the right to return to the same post on which she was working immediately before going on leave.
Center should make rules within 6 months
Delhi High Court has also directed the Central Government to make necessary rules under the Social Security Code within six months. The court said that in these rules, the provisions related to the return of women employees to the job after maternity leave should be clear. The court has said that the rules should include aspects like necessary support for breastfeeding, information about crèches i.e. child care facilities and time limit for disposal of complaints. The court said that while preparing the rules, the central government will also consider the suggestions given by its Standing Council Ashish Dixit.
Demand for reinstatement to the same post
This decision of the Delhi High Court came on the petition of a woman, who was appointed as a chartered accountant in a private company in the year 2022. According to the petition, she had informed the company's management about her pregnancy in May 2023. A few months later, in September, he was transferred to another team. The woman said that after returning from maternity leave, she was told that there was no vacancy in her old team. After this he was sent to the Treasury Department. The petitioner claimed that the new role was unrelated to his earlier responsibilities and position. The woman then moved the High Court and demanded that she be reinstated to the same post in which her male colleagues were later promoted to the post of senior manager. In the petition, the woman also sought compensation of Rs 50 lakh for alleged mental and emotional harassment. Also, a demand was made to direct the Central Government to make strict rules to stop alleged discrimination on the basis of pregnancy in private companies.
Why did the company oppose the petition?
Opposing the woman's petition, the company said that this petition is not maintainable because it is a private institution and does not perform any public work. According to the company, the petitioners are demanding enforcement of a contract related to personal services, which cannot be legally enforced. The company also said that the woman has alternative legal remedies and cited the 'Code on Social Security, 2020' in this regard. The company also denied allegations of any kind of demotion or demotion. He said that there was no change in the woman's salary, position and annual increment. The company opposed the claims made in the petition on this basis.
'Against the basic spirit of constitutional security'
In its 88-page judgment, the Delhi High Court ordered the company to pay Rs 10 lakh as compensation to the woman and Rs 1.5 lakh towards litigation expenses. This amount will have to be paid within eight weeks. However, the court did not direct the woman to be rehired because she had already resigned from the company. The court said in its judgment that punishing a woman for exercising her maternal rights or forcing her to choose between becoming a mother and pursuing her career is against the basic spirit of the right to life and personal liberty guaranteed under the Constitution.
Being a mother cannot be used as a basis for harm
The court said that being a mother in the workplace cannot be a ground for unequal treatment or professional disadvantage. It is not acceptable if a female employee suffers disadvantages, has her professional growth stunted, is denied a promotion, or has her responsibilities reduced simply because she takes pregnancy or maternity leave. The court said that such behavior is not only against the spirit of the Maternity Benefit Act, but is also arbitrary and may violate the right to equality guaranteed under Article 14 of the Constitution.
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