Kerala HC wants employers to be considerate while transferring women employees recognising the major role they play in the lives of their children, spouse, ageing parents or any other dependants.
The Court said that employers should empathise with women employees and think with an open mind and some understanding before issuing them transfer orders.
These observations were made in relation to the petitions moved by two women doctors (a gynaecologist and a surgeon) who received transfer orders from the Employees’ State Insurance Corporation Hospital in Ernakulam, to relocate to an ESIC hospital in Kollam district.
The bench highlighted the fact professional women have to face many challenges when they are transferred to new locations. It is not easy to find day-care facilities for their children or to even entrust their children to unfamiliar people in an unfamiliar location. They have to make new friends and create a social network and support system from scratch, which can be stressful as well as time consuming.
In addition to that, they are also faced with challenges in terms of opportunities to progress in their careers. Their refusal to relocate may affect their career advancement, whereas relocating and leaving behind their children and dependents causes emotional stress. After all, women are the primary care givers at home, when it comes to children and the elderly.
The two doctors had first approached the Central Administrative Tribunal (CAT) at Ernakulam challenging their transfer orders. The tribunal did not pass any order in their favour saying that they had already been relieved from their duties at Ernakulam. However, the petitioners then moved the Kerala High Court to challenge the decision of CAT.
The High Court sought the employer to be a bit more understanding and empathetic towards the two women doctors, considering their family situations.
