Employers must be considerate while transferring women employees since they play big role in caring for family: Kerala High Court

The Kerala High Court recently observed that due to the significant role that working women play in their households, employers ought to be more considerate while issuing transfer orders to them [Dr. Kala C Mohan v. Employees State Insurance Corporation & Ors.].

A division bench of Justices A Muhamed Mustaque and Shoba Annamma Eapen noted that working women encounter additional challenges when transferred to new locations.

"When working women are transferred to new destinations, they often encounter challenges like finding suitable childcare arrangements and maintaining a work-life balance in an unfamiliar environment. They also find it difficult in coping with the stress of relocation, including establishing new social networks and support systems. Additionally, access to career advancement opportunities and facing potential disruptions to their career progression might also be significant concerns," the Court explained.

It further noted that mothers are not always able to leave children or their aged parents behind when they are transferred.

"Similarly, a mother when transferred to another destination leaving aside a child who is studying in 11th standard, several challenges may arise. It is difficult to shift a child to another school during the midst of the academic year, especially in the 11th standard. To take care of the aged parents is the primary responsibility of children. Mainly women play the major role in taking care of the parents who are sick due to old age. In such situations, open-mindedness, empathy and understanding are expected from the employers," the Court said.

The observations were made while considering two petitions moved by two women doctors who were transferred from an Employees State Insurance Corporation Hospital in Ernakulam district to one in Kollam district.

One of the petitioner-doctors was a gynaecologist whose husband was also a doctor who worked in another hospital in Ernakulam.

It was submitted that they have two children aged seventeen years and six years both of whom suffered from severe asthma. The eldest child was in the 11th standard and the petitioner's mother was 89 years old, dependent solely on the petitioner, and was undergoing medical treatment for several ailments at a hospital in Ernakulam.

The other petitioner was a general surgeon. Her husband worked in Bangalore leaving her solely responsible for the care of their seven-year-old child as well as her ailing mother.

The two woman doctors first moved the Central Administrative Tribunal (CAT) at Ernakulam challenging orders transferring them to Kollam. When they came up for consideration on November 14, 2023, the tribunal did not grant any interim orders in their favour as the hospital said that the petitioners had been relieved from the Ernakulam hospital already.

This decision of CAT was challenged by the petitioners before the Kerala High Court.

The High Court opined that the employer ought to have been more understanding of the circumstances faced by the petitioners.

Since the original applications filed by the petitioners were still pending before the administrative tribunal, the Court ordered the petitioners and the respondent hospital to take appropriate steps to get the applications disposed of. Until then, status quo was ordered to be maintained.

The petitioners were represented by advocates V Philip Mathews, and E Radhakrishnan.

The respondents were represented by advocates TV Ajaykumar and Rimju PH.

[Read Judgment]