Woman demands equality
A mill worker has moved the Bombay high court challenging the constitutional validity of an order, which states that only a man can continue working after retirement. The petitioner, Laxmi Patil sought that even a retired woman, who has the capacity to work should be allowed to continue working.
A division bench of Chief Justice Mohit Shah and Justice Anoop Mohta was hearing a petition filed by the mill worker at Podar Textile mills. In her petition, she has questioned the validity of long standing order 20-A by the labour commissioner in 1958.
She informed the court that after completing the age of 60, she had asked the company if she could continue. However, the company did not let her continue and was forced to retire, whereas her male colleagues were given the benefit of continuing their post-retirement service till the age of 63.
The order that has been challenged by the petitioner is the Section 20A of the Standing Orders for Operatives (employees) in Bombay Cotton Textile Industry.
The order 20-A gives the benefit to efficient and fit male employees in a mill to continue employment even after retirement for three years. However, this provision has not been granted for their female counterparts.
After hearing the plea of the petitioner, the division bench asked the labour commissioner to verify the order.
The court stated that after the order was passed, there have been several reports and studies on the issue of longevity and physical fitness of men in comparison to women.
The court directed the labour commissioner to submit a report as to whether it is justified to not give women the opportunity to work after retirement within two months.
The court also directed him to give a personal hearing to the petitioner as well as the union representatives and the mill management.
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