The Bombay High Court has strongly criticized the Indian Overseas Bank (IOB) for its lack of sensitivity in handling the case of an employee who sought to stay in Mumbai to care for her disabled child. The employee, who had been promoted and transferred to Chennai, was willing to give up her promotion to remain in Mumbai.
A Bench of Justices Bharati Dangre and Ashwin D Bhobe described the bank’s approach as “lacking human sensitivity” and quashed its decision to deny the employee’s request.
Employee’s Plea to Stay in Mumbai
The employee, a mother of a 10-year-old visually impaired child, had been promoted from a clerical position to Assistant Manager and transferred to Chennai. She requested to stay in Mumbai, citing her child’s 95% visual impairment and need for her care. On December 18, 2024, she submitted an undertaking to the Court, agreeing to relinquish her promotion if it allowed her to remain in Mumbai.
“The order clearly reflected the sacrifices made by a mother for the sake of her child,” the Court observed.
Bank’s Initial Assurance and Rejection
During the December hearing, the bank indicated it would consider the request if formally submitted via email. However, the bank later rejected the request, stating that once a promotion is accepted, it cannot be reversed due to the absence of a policy allowing such actions.
During the January 3 hearing, the bank’s counsel reiterated this position, prompting sharp criticism from the Court.
Court’s Rebuke
The Bench expressed disappointment with the bank’s rigid stance. “The lack of a policy may not be an impediment, but the lack of a sympathetic approach, on the part of an employer, definitely is,” the Court stated.
The Court also dismissed the bank’s argument that the employee’s child could be adequately cared for in Chennai. “It is the mother who can take a better decision for her own child, not strangers or bank officials,” the Bench noted.
Court’s Directive
The High Court overturned the bank’s refusal to reverse the promotion and directed that the employee be reinstated as a clerk in Mumbai, effective January 1, 2025. The Court ensured that the employee would face no adverse career consequences and retain financial benefits received during her brief tenure as Assistant Manager.
Additionally, the Court imposed a ₹25,000 fine on the bank for its insensitive handling of the matter, directing the amount to be paid to the National Association for the Blind.
Legal Representation
The petitioner was represented by Advocates Hamza Lakdawala, Mohammed Najmi, Racheeta Chawla, Maria Najmi, and Mohammed Najmi. Advocates Priyanka K, Rishi Bekal, and BK Ahsok appeared for the Indian Overseas Bank.
IOB transfer policy is worst transfer policy i am also stuck from last 3 and half year I am single care taker of my old aged parents ,I am requesting for last 3 year but still they are not considering my request. i am facing lots of problems here living in Mumbai alon which is 1700 km from my native place .think about my situation.
The second level management is not ready to change rules for any reason whatever it may be for the only purpose of getting good name from the top level Controllers of a bank irrespective of the size .
Great This type of decisions increase our faith on Indian judicial system. HR head should be given exemplary punishment.