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Delhi High Court Protects Women Returning From Maternity Leave
The Delhi High Court said having a baby must not hurt a woman's career.
A woman returned from maternity leave after working as an accounting manager.
Her employer gave her a much lower-level clerical job in the treasury department.
She later resigned and took the matter to court.
The court said women should usually return to the same job they had before leave.
If that job is truly unavailable, the employer must offer a genuinely equivalent position.
The court ordered the company to pay compensation and legal costs.
It also told the Centre to create clearer rules protecting women when they return to work.
The Delhi High Court ruled that maternity protections include professional status and career advancement, not merely continued employment.
A private firm was ordered to pay Rs 10 lakh compensation and Rs 1.5 lakh in costs to a chartered accountant.
The woman had returned from maternity leave as an accounting manager but was assigned a clerical treasury role before resigning.
Employers must restore returning employees to their former post or provide an equivalent role in pay, status, responsibilities and advancement prospects.
The court directed the Centre to establish post-maternity reintegration rules covering accommodations, lactation support, grievances and retaliation safeguards within six months.
- Who
- The Delhi High Court, a private firm, and an unnamed woman chartered accountant were involved; Justice Sachin Datta issued the order.
- What
- The court awarded Rs 10 lakh compensation and Rs 1.5 lakh in costs, affirmed post-maternity role protection, and directed the Centre to frame reintegration rules.
- Where
- The ruling was issued by the Delhi High Court in India.
- When
- The order was dated August 31; the year was not specified in the articles.
- Why
- The court found that maternity protections extend to professional status, duties, managerial authority and career advancement, not just continuity of employment.
Key facts
- Compensation
- Rs 10 lakh ordered for the woman chartered accountant
- Legal costs
- Rs 1.5 lakh awarded
- Pre-leave position
- Accounting manager
- Post-leave assignment
- A clerical role in the treasury department
- Return-to-work principle
- Employees should ordinarily be restored to their previous post
- Alternative role standard
- An alternative must be as equivalent as possible in pay, grade, status, responsibilities and advancement prospects
- Government deadline
- The Centre was directed to complete rules or directions within six months
Quotes
Justice Sachin Datta
Delhi High Court judge who issued the order
“Where a statutory framework is enacted to advance constitutional guarantees, courts are duty-bound to interpret such legislation in a manner that effectuates, rather than defeats, those guarantees. Under no circumstance, can maternity be allowed to become a source of ignominy at the workplace.”
rediff.com
NDTV
“the employer shall, before her resumption of duty, duly intimate the reasons for the non-availability of the post and the particulars of the alternative or equivalent position proposed to be offered to her”
NDTV
Sources
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