Court orders ₹11.5 lakh compensation to CA shifted to a clerical role after returning from maternity leave, calls for stronger workplace safeguard
The Delhi High Court has ruled that maternity cannot become a source of humiliation or career disadvantage for women at the workplace, stressing that legal protection extends beyond job security to professional status and career growth.
The court directed a private firm to pay ₹10 lakh compensation and ₹1.5 lakh in costs to a chartered accountant who was working as an accounting manager before taking maternity leave. On returning, she was moved to the treasury department and assigned duties that were essentially clerical.
The woman subsequently resigned and approached the High Court. Justice Sachin Datta said women returning from maternity leave should ordinarily be reinstated in the position they held before going on leave.
If that position is genuinely unavailable for legitimate organisational reasons, the employer must provide an equivalent role in terms of salary, grade, status, responsibilities, managerial authority and promotion prospects.
The court also directed the Centre to frame rules or issue guidelines within six months covering pregnancy-related workplace accommodations, protection of roles, return-to-work parity, lactation support, grievance redressal and safeguards against subtle retaliation.
It further observed that “conditions of service” include the nature of duties, functional status, reporting structure, supervisory responsibilities and opportunities for appraisal and promotion.
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