The Bombay high court (HC) has reprimanded the National Textile Corporation Limited (NTCL) for having policies that discriminate between men and women employees. The HC, while recently hearing a petition filed by a woman employee, was informed that while men employees got three years’ extension after reaching retirement age, she was not extended the benefit. The court held that providing service retention only for men employees and keeping women employees out of the purview of the facility is arbitrary, discriminatory and in violation of the Constitution. Hence the management should consider giving a work extension to women too.

A division bench of justices Akil Kureshi and S J Kathawalla, while hearing the petition of a woman clerk in Podar Mills, a unit of NTCL, was informed by advocate SN Deshpande that the NTCL had discriminatory policies on the continuation of employment of men and women employees. He pointed to the order framed by NTCL, namely 11A and 20A, which allowed service extension of three years after reaching the retirement age of 60 to only men employees, based on their efficiency.
Deshpande referred to a report by the labour commissioner which held “there is no reason to believe that beyond the age of 60 years, as a general rule, the efficiency of a female employee is likely to go down more than that of a male employee”.
However, advocate Meena Doshi for Podar Mills, submitted that the extension to men employees was not a general rule and only those involved in operative tasks, which required physical strength, were given the facility. She submitted that women employees were only involved in the clerical category and as such men employees are also not given the extension benefit, the same was not given to the petitioner. The bench held that the mill was not justified in not considering the petitioner’s case. It, however, left it at the discretion of NTCL to consider her extension.
{{/usCountry}}However, advocate Meena Doshi for Podar Mills, submitted that the extension to men employees was not a general rule and only those involved in operative tasks, which required physical strength, were given the facility. She submitted that women employees were only involved in the clerical category and as such men employees are also not given the extension benefit, the same was not given to the petitioner. The bench held that the mill was not justified in not considering the petitioner’s case. It, however, left it at the discretion of NTCL to consider her extension.
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