The Court docket held {that a} girl in search of an adjustment in her duties, working hours, office or function due to post-maternity circumstances shouldn’t be handled as having waived her statutory safety. Representational file photographs.
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The Delhi Excessive Court docket has dominated {that a} girl coming back from maternity go away at a non-public firm is ordinarily entitled to renew her earlier place and can’t be positioned at an expert drawback by lowering her obligations, managerial authority or prospects of profession development.
Justice Sachin Datta, within the August 31 judgment, held that the safety underneath Part 12 of the Maternity Profit Act will not be restricted to safeguarding continuity of employment or wages.
“It additionally encompasses the proper of a lady worker to renew her employment with out struggling any substantive drawback in her skilled standing, obligations, authority, or prospects of profession development solely by cause of being pregnant or the availing of maternity go away,” the Choose stated.
The Court docket held that if a lady’s earlier submit is not accessible for bona fide and demonstrable organisational causes, she have to be positioned ready as almost equal as potential when it comes to pay, grade, standing, obligations, managerial authority and prospects of development.
The courtroom was coping with a petition by chartered accountant Rakhi Bisht, who alleged that she was sidelined by a non-public firm after coming back from maternity go away.
Ms Bisht, who had round 14 years {of professional} expertise, went on maternity go away in December 2023 whereas working as Supervisor, Accounting, and supervising a workforce. She resumed work in July 2024.
She alleged that on her return, she was informed that her earlier place was not accessible and was assigned to the Treasury division. In response to her, the brand new function was considerably inferior, concerned no employees reporting to her. She additionally alleged that male colleagues had been promoted to Senior Supervisor throughout her absence.
The employer denied that she had been demoted, stating that her wage, designation and seniority remained unchanged. It stated the Treasury project was a managerial function commensurate along with her expertise and was necessitated by organisational adjustments.
The courtroom rejected the corporate’s rivalry that the dispute involved a non-public contract of employment and couldn’t be examined in a writ petition.
“Within the current case, the petitioner [woman] doesn’t search to implement any time period of her employment contract; relatively, she seeks to implement Part 12 of the Maternity Profit Act, 1961, which imposes an obligation upon each employer to whom the Act applies and which stays unaffected by the phrases of the employment contract between the events,” the Court docket stated.
Justice Datta additional held {that a} girl in search of an adjustment in her duties, working hours, office or function due to post-maternity circumstances shouldn’t be handled as having waived her statutory safety. Such an association can’t be held towards her in appraisal or promotion, the courtroom stated.
The courtroom additionally directed the Centre to border guidelines or schemes, or challenge instructions, inside six months on pregnancy-related office lodging, safety of function and standing after maternity go away, lactation help, creche performance, grievance redressal and safety towards retaliation.
In Ms, Bisht’s case, the courtroom discovered that her earlier submit had been stuffed throughout her maternity go away with out informing or consulting her. As Ms. Bisht had voluntarily resigned from the corporate and joined one other employer, the courtroom awarded her ₹10 lakh as compensation and ₹1.5 lakh as prices.
Revealed – September 02, 2026 12:57 pm IST
