This ruling came in response to the case of two working women from the Employees State Insurance Corporation Hospital, Ernakulam, who were transferred to Kollam.
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The Kerala High Court, in a notable judgment, has underscored the need for empathy and understanding from employers towards working mothers, especially when considering their transfer to new locations. The Division Bench, consisting of Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen, highlighted the multifaceted challenges faced by working women in balancing their professional and personal lives, particularly when relocated.
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The Court observed,
“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. 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.”
This ruling came in response to the case of two working women from the Employees State Insurance Corporation Hospital, Ernakulam, who were transferred to Kollam. The petitioners, facing the challenge of caring for their children and aged parents, contested their transfer orders before the Central Administrative Tribunal in Ernakulam and subsequently approached the High Court following the Tribunal’s refusal to intervene.
The first petitioner, a mother of two children with asthma and caretaker of her 89-year-old mother, and the second petitioner, with a 7-year-old child and a mother suffering from Vertigo, argued that the transfers would cause insurmountable difficulties due to their family circumstances. The respondents, however, contended that the transfer orders were within the employer’s rights and should not be subject to judicial interference.
Acknowledging the petitioners’ responsibilities and the challenges of securing school admissions mid-academic year, the Court directed the authorities to maintain the status quo as of November 2023, extending this order until the Tribunal could hear and resolve the matter.
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This represents a significant step in recognizing the dual responsibilities of working mothers and the need for employers to adopt a more empathetic approach in transfer scenarios. Advocates V Philip Mathews and E Radhakrishnan represented the petitioners, while Advocates T V Ajayakumar and Rimju P H appeared for the respondents. The Kerala High Court’s decision sets a precedent for considering the unique challenges faced by working mothers in the professional sphere.
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