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
