KOCHI: Women employees cannot be asked to do night shifts extending beyond 10pm, says the Kerala high court.

Government has only allowed women to work until 10pm, with strict conditions to be followed by the employer, the court pointed out.

A petition filed by women employees of Sitaram Textile Mill at Thrissur questioning the management’s decision to make women employees work in night shifts was questioned before the court.

Out of the three shifts in the company, two shifts occur during the night and women employees are being compelled to work during the night, it was alleged.

Though a demand was raised before the management to avoid employment of women in the shifts between 3.30pm-12am and 12-7am, the management didn’t yield, the petition said.

The women employees contended that asking them to work at night is against Section 66(1) (b) of Factories Act, 1948. This section prohibits women from being engaged in a factory between 7pm and 6am.

State government informed the court that the 7pm deadline as per the Act was extended until 10pm by it using its discretionary powers. Government also produced a circular issued by it to this effect.

By allowing such exemption, strict conditions were laid down to ensure safety of the women, government told the court. The conditions includes vehicle facility for the women to reach their houses, presence of a minimum of five workers including two women in a shift, and no work beyond nine hours including rest time, the court was told.

As per the circular issued by the labour department on July 16, 2003, women are allowed to work until 10pm in industries such as textiles, weaving, bakeries, printing presses, milk and related products, latex, food processing, and electronics.

After considering the case, justice K Vinod Chandran held that women can be employed up to 10pm in these industries by following the conditions strictly as per the circular. Therefore, women cannot be asked to work in night shifts between 10pm and 6am, the court held.