The high court has rapped the Airport Authority of India (AAI) for not being sympathetic to an employee who had sought two years' childcare leave, as prescribed by the Union government, to take care of her 12-year-old daughter who has learning disability.
"We are surprised at the adversarial stand of the AAI.... We are shocked by its attitude. As an employer you should have taken a sympathetic approach," said justice VM Kanade.
A division bench of justices Kanade and Anil Memon was hearing a petition by S Mangala, AAI deputy general manager (aviation safety), seeking implementation of childcare leave as recommended in the Sixth Pay Commission in 2008.
Mangala approached the high court after AAI had rejected her request for childcare leave.
Ajay Khaire, the AAI counsel, argued that their policy did not include childcare leave. "We have increased maternity leave from 135 days to 180 days. But there is no provision for childcare leave," said Khaire.
Ravi Shetty, counsel for Union government, said that several public sector undertakings had their own policies and benefits for employees and did not follow Central government guidelines.
Disagreeing with the arguments, the judges said that in the present case, the employer should have been more considerate. "It is a genuine request. Her child is with special needs. Is it not the duty of the employer to be considerate?" asked justice Kanade.
As Mangala had not received any reply after applying for leave last year, she went on leave. AAI then initiated disciplinary action against her.
Unhappy with this, justice Kanade said: "She is seeking leave for her child. Is it a crime? She went on leave for what purpose? See the context."
According to her petition, the Union government in September 2008 introduced childcare leave on the recommendation of the Sixth Pay Commission. Under childcare leave a woman employee can take up to two years paid leave until the child is 18 years of age.
According to the petitioner, the Central government order in this regard has three paragraphs—one about increasing maternity leave from 135 days to 180 days, another about increasing from one to two years the existing provision of availing other leave in continuation with the maternity leave, and the last one is about childcare leave.
AAI, however, implemented only the first paragraph of the order in March 2011.
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