Transfer Of Working Women Should Be Considered Sympathetically, They Play Major Role In Taking Care Of Children, Aged Parents: Kerala HC

A Division Bench comprising Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen observed that working women play major roles in taking care of their children and aged parents and thus, they may find it difficult to maintain a work-life balance in an unfamiliar environment. It said,

“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.”

In the facts of the case, two working women were transferred from Employees State Insurance Corporation Hospital, Ernakulam to Employees State Insurance Corporation Hospital, Kollam. The petitioners have challenged the transfer orders issued to them before the Central Administrative Tribunal Ernakulam. Aggrieved by the refusal of the Tribunal to interfere with the transfer orders, the petitioners have approached the High Court.

Both the petitioners have to take care of their children and aged parents. The first petitioner has two children aged 17 years and 6 years who have Asthma problems. She also has to take care of her 89-year-old aged mother who is dependent on her. The second petitioner has a minor child of 7 years and her husband was working in Bangalore. Her mother is suffering from Vertigo and needs constant care and attention.

The Counsel for the petitioners submitted that transfer orders would cause inexplicable difficulties to the petitioners. It was contended that they have unavoidable family circumstances and have to take care of their aged parents and children.

On the other hand, the Counsel for the respondents submitted that transfer orders were within the prerogative of the employer and Court should not interfere in it.

The Court found that both the petitioners have the responsibility for taking care of their aged parents who were suffering from severe diseases. It also took note of the fact that the husbands of the petitioners were also working in other places and unable to relocate with them. Further, it also observed that children of the petitioners might not be able to secure admissions in new schools in the middle of an academic year.

The Court thus directed the authorities to maintain status quo when the matter had come up before it in November 2023 and the order of status quo was extended until now. It noted that the matter was pending before the Tribunal, which could hear the petitioners and dispose of it. Until the matters were disposed of by the tribunal, the Court directed that the status quo shall be maintained.

Counsel for the petitioners: Advocates V Philip Mathews, E Radhakrishnan

Counsel for the respondents: Advocates T V Ajayakumar, Rimju P H

Citation: 2024 LiveLaw (Ker) 43

Case title: Dr Kala C Mohan v Employees State Insurance Corporation & Connected Case

Case number: O.P(CAT) NOS.185 & 186 OF 2023

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