MUMBAI: Take a more sensitive approach, the Bombay high court told the ministry of civil aviation on Monday after asking it to explain its stand on granting childcare leaves to female employees.
A division bench of Justice V M Kanade and Justice Girish Kulkarni heard a petition by S Mangala, deputy general manager (aviation safety) of Airports Authority of India, after her leave application to attend to her 12-year-old daughter with a learning disability was rejected.In September 2008, the Centre introduced childcare leave-paid leave for up to two years to be used until the second child is 18 years old-for its employees and few PSUs as per the Sixth Pay Commission.
"If the ministry and Centre decide that it is applicable to all employees, the controversy will end," said Jamshed Mistry, amicus curiae advocate.
When the HC asked the ministry's stand on the issue, its advocate Ravi Shetty said he would have to take instruction. He said childcare leave is not a matter of right and is subject to administrative exigencies.
"She proceeded on leave before it was sanctioned," said Shetty. But Mangala argued that she had applied for leave two weeks in advance and was not informed of its rejection. When she resumed work two months later, she got a letter to join duty saying her leave was not granted.
She said the Delhi headquarters clarified that childcare leave is being considered and until a decision is taken, her leave could be converted to another applicable leave. "My leave was regularized as half-pay. Ten days later, I got a memo for misconduct due to absenteeism during the same period. They are using this memo for not granting my promotion," said Mangala.
The judges said the authorities must take a "more sensitive approach" and not treat this as "adversarial" and point fingers at the rule. "Do not take this as a prestige issue and say 'we'll teach you a lesson'. Legal issues can be sorted out. In a given case, you need not go into disciplinary action," said Justice Kanade. The judges added that while discipline in an organization is necessary, it is the duty of the management to apply some sensitivity.
The HC asked Shetty to use his "good offices" and "return with a positive response" after four weeks.
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