Bombay High Court Reprimands Bank For Denying Employee's Request To Reverse Promotion To Care For Visually Impaired Child, Imposes ₹25K Cost
Live LawThe Bombay High Court recently chastised the Indian Overseas Bank for denying the request of one of its employees to reverse her promotion in Chennai and transfer her back to Mumbai, so that she could better care for her visually impaired child. It said, “As a mother she understand the difficulties posed by her 10 year old child, and is conscious of the arduous task in shifting him to new environment and probably her apprehension is that he may be putting him in a onerous scenario, if he is uprooted from the present place and shifted to a new place in new surroundings.” The Court further stated that the bank did not specify any administrative difficulty in acceding to the petitioner's request, as the bank could find another employee to fill up the promotional post. “We are not told about any administrative difficulty in permitting to do so, as the bank would find some other employee to fill up the said promotional post of the Assistant Manager in Chennai, but a child may not find a substitute for mother.” On the bank's argument that it does not have any policy to reverse the promotion and let the petitioner continue in Mumbai, the Court commented that this stance reflected a “lack of sympathetic approach” on the part of the bank. “This we are making as an exception, and we see no hesitancy in holding that an employee, who is the focal point of any administration, deserves empathy, specifically, in light of facts which are placed before us, being even the Petitioner herself is suffering from an ailment, which has been projected before us through various medical certificates reflecting a small area in the left half of pituitary gland, with relatively delayed enhancement and which has been opined to represent a 'micro adenoma' advising biochemical correlation and follow up.” The Court thus set aside the bank's communication refusing the petitioner's request to reverse her promotion and reinstate her back in Mumbai.