Delhi HC Awards Rs 10 Lakh to Woman Returning from Maternity Leave, Emphasizing Career Protection Beyond Salary
A recent ruling by the Delhi High Court has reinforced maternity protections for women in the workplace. The court determined that maternity leave should not only preserve a woman’s salary and job title but also her managerial responsibilities and opportunities for career advancement. Justice Sachin Datta emphasized that a woman returning from maternity leave should generally be reinstated in her previous role, or offered a comparable position if that role is no longer available.
Case Background
The ruling arose from a petition filed by Chartered Accountant Rakhi Bisht, who alleged that her job was adversely affected after she disclosed her pregnancy to her employer. Bisht, who had 14 years of experience, joined the company in 2022 as a Manager in Accounting with a monthly salary of Rs 2.60 lakh. After informing her employer of her pregnancy in May 2023, she was reassigned to a different team. Following her maternity leave from December 2023 to July 2024, she returned to find her previous position had been eliminated and she was assigned to the Treasury Department, which she claimed was a demotion.
Employer’s Response
The employer denied Bisht’s claims, asserting that her designation, salary, and seniority remained unchanged. They stated that following an organizational restructuring, she was given new responsibilities related to investment accounting while maintaining her managerial level.
Creche Facility Issues
The High Court also addressed the availability of a creche facility at the workplace. Bisht had inquired about this service in September 2024 and was initially informed that no such facility existed. The employer later claimed that a creche was available but not operational on the days she needed it. The court ruled that a non-functional creche does not meet the requirements of the Maternity Benefit Act.
Court’s Rationale
The court ruled in favor of Bisht, stating that retaining a woman’s salary and designation while stripping her of meaningful responsibilities violates maternity protections. The court clarified that the Maternity Benefit Act prohibits changes to a woman’s employment conditions during her protected absence. This includes not only salary but also the nature of her duties, reporting structure, and opportunities for promotion.
The court ordered the employer to pay Bisht Rs 10 lakh in compensation, along with Rs 1.5 lakh for legal costs. The compensation reflects her professional standing and experience, equating to roughly four months’ salary. The payment must be made within eight weeks, with interest accruing at 9% per annum if delayed.
Broader Implications
The High Court’s ruling extends beyond Bisht’s case, directing the Union of India to establish rules to enhance maternity protections in private employment. This includes provisions for workplace accommodations related to pregnancy, support for lactation, and clear timelines for addressing maternity-related grievances. The court mandated that these measures be implemented within six months of the judgment.
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