Bombay High Court: Gender-Based Retirement Policy Ruled Unfair

Summary: In an important decision, the Bombay High Court dealt with unfair treatment based on gender in retirement rules, deciding in favor of Priyanka Pradeep Chavan and Shilpa S. Chandankar against National Textile Corporation Ltd.

Background of the Case

Priyanka Pradeep Chavan and Shilpa S. Chandankar took legal action against National Textile Corporation Ltd. They claimed that the retirement policy was unfair. The policy allowed male employees to work until 63, while female employees had to stop working at 60.

The Court's Decision

Judges Ravindra V. Ghuge and Ashwin D. Bhobe were in charge of the case. They found that the retirement policy was unfair to women. The court said:

"If male employees could continue working until the age of 63, we do not see any reason to exclude the female employees."

Key Events and Details

• Shilpa S. Chandankar: Started as a Sales Girl in 1979 and was later promoted to Chief Clerk. She had to retire at 60 in 2020.
• Priyanka Pradeep Chavan: Began working in 1987 and also became Chief Clerk. She retired in 2021 but was allowed to keep working temporarily due to temporary court orders.

Legal Framework

The case was based on the Standing Orders 11A, which the court found went against Articles 14 and 15 of the Constitution, as they treated people differently based on gender.

Court's Orders

1. Retirement Age Adjustment: Both petitioners can work until the age of 63.
2. Compensation: They will get back pay with 6% interest for the time they were made to retire early.
3. Benefits: Both are entitled to retirement benefits and gratuity with interest.

Verdict Summary

The court's decision is a clear message against unfair treatment based on gender in job policies. It ensures that both male and female employees in the textile industry have the same retirement age, setting an example for similar cases in the future.