Q1. A woman returning to employment after maternity leave is denied her previous position on the ground that the organisation has undergone restructuring. Which of the following principles, in light of the Delhi High Court judgment, is most appropriate?

(a) An employer has unrestricted discretion to alter the employee's position after maternity leave.

(b) The employee must always be restored to the identical position, irrespective of genuine organisational changes.

(c) If the original position genuinely ceases to exist for bona fide reasons, the employee should ordinarily be offered an equivalent position without loss of pay, status, authority or career prospects.

(d) Maternity leave temporarily suspends the employee's claim to career progression.

Answer: (c)

Explanation:
 The Court distinguished between a genuine organisational change and using restructuring as a pretext for disadvantaging an employee after maternity leave. Where the original post genuinely no longer exists, the employee should receive an equivalent role in terms of pay, grade, status, responsibilities, managerial authority and career prospects.