JAMMU, Aug 26: Justice M A Chowdhary has held that maternity leave availed by women employees cannot be treated as a break in service for the purpose of regularization, ruling that J&K Bank’s orders deferring their confirmation were unconstitutional and discriminatory.
Court while disposing of two connected writ petitions, quashed the bank’s orders that had postponed the regularization of four women Banking Associates namely Basu Magotra, Isha Sudan, Bintul Hudda and Tanu Gupta on account of their availing maternity leave during their contractual period.
The High Court allowed the petitions, quashed the impugned orders, and directed J&K Bank to treat maternity leave as continuous service, regularize the petitioners with retrospective effect from the date they completed two years and extend all consequential benefits, including revised pay, arrears, seniority and promotion opportunities.
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