Bombay High Court: Female Employees' Retirement Age Adjusted to Match Male Counterparts

Quick Summary: The Bombay High Court decided that female employees should retire at the same age as male employees at the National Textile Corporation Ltd., addressing unfair treatment based on gender in retirement rules.

The Case: Shilpa S. Chandankar vs. N.T.C. Ltd.

The case involved two legal requests, one by Shilpa S. Chandankar and another by Priyanka Pradeep Chavan, both arguing against their retirement ages set by National Textile Corporation Ltd. (NTC).

Background of the Petitioners

• Shilpa S. Chandankar: Started as a Sales Girl in 1979 and was later promoted to Chief Clerk. She was made to retire at 60.
• Priyanka Pradeep Chavan: Also began as a Sales Girl in 1987 and became a Chief Clerk. She was retired at 60 but kept working under a temporary order until December 2021.

The Court's Decision

Judges Involved: Ravindra V. Ghuge and Ashwin D. Bhobe

• The court found that the retirement rule, which let male employees work until 63 but retired female employees at 60, was unfair.

"This would surely amount to Gender discrimination, bias and inequality."

• The court ordered that female employees should retire at the same age as male employees, at 63.

Key Issues Addressed

1. Gender Discrimination: The court said that having different retirement ages for men and women was against the law.

2. Health Considerations: There was no proof that Shilpa S. Chandankar or Priyanka Pradeep Chavan were too unhealthy to work past 60.

3. Employment Classification: Both Shilpa S. Chandankar and Priyanka Pradeep Chavan were considered Chief Clerks, not Sales Girls, when they retired, meaning they should get the same benefits as other clerks.

Outcome and Orders

• The court decided that Shilpa S. Chandankar and Priyanka Pradeep Chavan can keep working until they are 63.
• They should be paid for the time they were forced to stop working, with added interest.
• Retirement benefits, like gratuity and payment for unused leave, should be recalculated based on their longer work period.