The Kerala High Court has held that women employees who do not opt for night shifts should not be denied promotion or seniority.
Justice S.V. Bhatti made the observation while disposing of a petition filed by K.F. Jancy and 14 other employees of Kerala Lakshmi Mills, Thrissur, a unit of the National Textile Corporation (NTC) of Tamil Nadu, seeking a directive to the management not to compel them to work after 7 p.m.
The petitioners challenged a notice saying that women employees who opted for night shifts would only be entitled to some benefits.
Management’s stance
The management submitted that the intention of the notice was that women employees who worked during the night shift would get preference over other women employees in respect of grant of seniority and promotion.
The petitioners contended that seniority and promotion were governed by the service regulation of the NTC and did not refer to the option to work in night shifts as one of the requirements for either seniority or fair chances of promotion.
The court observed that the condition in the notice could not be treated as a guideline, either for seniority or promotion, while determining the service conditions of employees.
The management has given liberty to take willingness or options from women employees ready to work in night shifts, subject to providing safety measures.
The petitioners had also sought to ensure that the emoluments of the petitioners were not affected in any manner for not working after 7 p.m.