Open-Mindedness, Empathy & Understanding Expected From Employers: Kerala HC In Pleas Filed By Women Against Their Transfer By ESIC

The Kerala High Court said that open-mindedness, empathy, and understanding are expected from the employers.

The Court was deciding a batch of two original petitions filed by women who were transferred from Employees State Insurance Corporation (ESIC) Hospital, Udyogamandal to ESIC Hospital, Asramam, Kollam. Both were working mothers having family responsibilities including the responsibility of taking care of aged parents suffering from severe diseases.

A Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen 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. … 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.”

Advocate V. Philip Mathews represented the petitioner while Advocate T.V. Ajayakumar represented the respondents.

Brief Facts -

Both the original petitions were filed against the order refusing to grant stay against the transfer order. In one petition, the petitioner was a Gynaecologist working as Employees Insurance Medical Officer Grade-II, Department of Obstetrics and Gynaecology, ESIC Hospital and had two children. In another petition, the petitioner was working as an Insurance Medical Officer Grade-I, Department of General Surgery, ESIC Hospital. Challenging a transfer order, both working women had approached the Central Administrative Tribunal (CAT). However, CAT was not inclined to grant any interim order since it was submitted by the counsel for the ESIC that they were relieved from Udyogamandal on November 10, 2023. Being aggrieved by this, they were before the High Court.

The High Court after hearing the contentions of the counsel said, “… 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.”

The Court noted that access to career advancement opportunities and facing potential disruptions to their career progression might also be significant concerns.

“… since the issue is pending consideration before the Central Administrative Tribunal, the petitioners as well as the respondents shall take appropriate steps to get the original applications disposed of by the Central Administrative Tribunal”, it directed.

Accordingly, the High Court disposed of the petitions and ordered that the status quo shall be maintained till the original applications are decided and disposed of by the Tribunal.

Cause Title- Dr. Kala C. Mohan v. Employees State Insurance Corporation & Ors. (Neutral Citation: 2024/KER/1166)

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