After realising the wrong policy of a city mill which would retain male employees post retirement age up to three years, but not for its female employees, the Bombay High Court said that its policy cannot meet the test of equality and lack of gender bias and directed that the petitioner be considered for extension of service.
The court observed that the employer’s advocate was unable to support the artificial distinction made in the concerned standing order between a female and a male employee. A bench of justices Akil Kureshi and SJ Kathawalla said in their order, “No material or any supporting contentions or documents are produced to draw such distinction. Suffice it to record that the policy cannot meet the test of equality and lack of gender bias, Article 14 of the Constitution of India guarantees equal opportunity in public employment. Article 15 frowns upon discrimination inter alia on the ground of gender.” It declared that Poddar Mill was not justified in not considering the woman employee’s case for extension of service only on the ground that she was a female employee. The petition had been filed by a woman employee of Poddar Mills seeking that a portion of an order framed by the employer be stroked down as it discriminates between male and female employees.
The petition stated that this distinction between the male and female employees was ‘wholly arbitrary’ and ‘violative’.
“The issue of pay-parity is prevalent. Gender discrimination also manifests in other ways such as not being given promotions, in the kind of assignments they are given, as well as issues such as not being considered for supervisory or leadership positions,” said Adv Flavia Agnes, Women’s Rights Lawyer.
