High Court Condemns J&K Bank for Discriminating Against Female Employees by Denying Maternity Leave Benefits The High Court of Jammu & Kashmir and Ladakh has ruled that maternity leave is a constitutional right and cannot be used as a tool for workplace discrimination, rebuking Jammu and Kashmir Bank for its treatment of female employees who faced delayed regularisation and loss of salary benefits due to the institution’s refusal to recognise maternity leave as continuous service. In a 15-page judgment, a division bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal dismissed appeals filed by the bank against four women employees, including Tanu Gupta, whose cases had previously been upheld by a single judge. The court condemned the bank’s actions as an attempt to “flex institutional muscles” against female workers, highlighting the discriminatory nature of treating maternity leave as a break in service. The dispute arose when the bank excluded maternity leave periods from the calculation of employees’ two-year contractual service for regularisation, effectively pushing their eligibility for revised pay scales and adjustment benefits beyond December 31, 2020. This policy meant the women employees lost access to financial incentives available to those regularised before the cut-off date. The court ruled that such treatment constituted a form of punishment for motherhood, stating that categorising sanctioned maternity leave as a break in service to deny benefits was discriminatory. The bench also underscored the unequal power dynamics between large institutions and employees, particularly women, noting that the affected workers had no meaningful bargaining power and could face termination for challenging the terms.#chief_judge_arun_palli #justice_rajnesh_oswal #high_court_jammu_kashmir_ladakh #tanu_gupta #jammu_and_kashmir_bank
Jammu and Kashmir and Ladakh High Court Orders Bank to Grant Maternity Benefits to Contractual Female Employees The Jammu and Kashmir and Ladakh High Court recently ruled in favor of contractual female employees of a bank, ordering the institution to provide maternity benefits despite its initial refusal. The court criticized the bank for subjecting its female workers to "hostile discrimination" and emphasized the constitutional and legal obligations to recognize the labor of women in raising the next generation of citizens. The decision was delivered in a May 20 order, which dismissed the bank’s appeals against an earlier ruling that mandated the grant of maternity benefits. The case centered on a group of female employees hired on a contractual basis for two years, with no explicit provision for maternity leave in their employment contracts. The bank initially denied maternity benefits, arguing that the employees’ contractual terms did not include such provisions. However, the court ruled that the bank’s refusal violated principles of gender justice and the constitutional mandate to ensure equal opportunities and protections for women. The bench, comprising Chief Justice Arun Palli and Justice Rajnesh Oswal, highlighted that the bank’s actions disregarded the "double burden" of motherhood and failed to uphold the dignity of female labor. The court noted that while the employees were initially granted "extraordinary leave" instead of maternity leave, this arrangement came with conditions that required the bank to extend their contracts by the duration of the leave. The employees accepted these terms and availed the leave without objection.#bank #jammu_and_kashmir_and_ladakh_high_court #chief_judge_arun_palli #justice_rajnesh_oswal #ratan_sharma
