The Delhi High Court (HC) ruled on Wednesday that women returning to work after maternity leave are entitled to be reinstated in the same job role and at the same salary, observing that workplace protection must extend beyond mere job security. 

Justice Sachin Datta of the Delhi HC made the observations while hearing a writ petition filed by a female chartered accountant who had taken maternity leave while being employed as a manager in the accounting department. 

As per the report, she was transferred to the Treasury department after another employee was roped in to her previous position following her return. Moreover, the HC also awarded Rs 10 lakh in compensation to the petitioner, underscoring that motherhood cannot emerge as a reason for professional disadvantage. 

"Protection must extend beyond job security," says Court

The HC remarked, “Motherhood cannot be permitted to become a basis for unequal treatment or professional disadvantage in the workplace.” Justice Datta ruled that women returning from maternity leave are entitled not only to retain their employment, but also to their professional standing, managerial authority, responsibilities and opportunities for progressing in their career. 

The court further observed that placing a woman at a disadvantage, denying her professional growth or promotion, stripping her of responsibilities or subjecting her to any other adverse employment consequences owing to pregnancy or maternity leave would go beyond the spirit of the Maternity Benefit Act. 

It held that such action could also amount to ‘manifestly arbitrary’ conduct and could violate the constitutional guarantee of equality under Article 14. 

Union Govt directed to frame guidelines

Thereafter, the Delhi HC instructed the Centre to formulate rules or issue appropriate guidelines to strengthen safeguards for women returning to work post-maternity leave. 

The proposed measures are likely to cover pregnancy-related workplace support, protection of existing roles, equal treatment after returning to work, lactation facilities, prompt grievance redressal and inspection mechanisms. 

As per the court’s orders, the guidelines should also include safeguards against indirect retaliation at the workplace. The Centre has been provided a period of six months to finalise the measures. 

‘Conditions of service’ include career growth 

Furthermore, the court clarified the meaning of ‘conditions and service,’ holding that the term encompasses the substantive aspects of a woman’s employment and not merely her designation or salary scale. 

It said the expression extends to the substantive incidents of employment, including the nature and content of the duties entrusted to her, her grade and functional status, reporting hierarchy, supervisory responsibilities and her entitlement to be considered for promotion as well as appraisal. 

Continuing its remarks, the court held that retaining the same designation and remuneration may be necessary, but is not sufficient if an employer simultaneously slashes an employee’s responsibilities, authority or career prospects to her detriment.