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Wangchuk-founded HIAL's maternity benefits case: Leh Labour Court to pronounce final orders on Nov 7 LADAKH-COURT-HIAL

LAW FINDER NEWS NETWORK | |

Leh, Nov 5 The Labour Court in Leh is scheduled to pass the final orders on Saturday in a case involving allegations of non-payment of statutory maternity benefits and unfair treatment of a former employee by activist Sonam Wangchuk-founded Himalayan Institute of Alternative Ladakh (HIAL).


The case, filed on June 27 by Amina Khatoon, who joined HIAL in 2023, concerns the alleged withholding of 26 weeks of her statutory maternity benefits, deactivation of her official email account and removal from workplace communication groups shortly after she gave birth in 2024.


She has also alleged that the institute withheld her experience certificate, adversely affecting her subsequent employment prospects.


After registration of the case, the first notice was issued to Wangchuk's wife and HIAL chief executive officer (CEO) Gitanjali Angmo.


Subsequently, after receiving no response, notices were issued by the Labour Court to the two on July 2, August 13 and August 28. The final notice was issued on September 8, sources in the Labour Court said.


Despite multiple hearings scheduled on June 29, July 7 and 13 and August 17, and notwithstanding the formal serving of the notices, the non-applicants appeared only once on July 13.


"They have failed to attend the remaining proceedings without providing any sufficient cause. The authority has noted that this continuous non-appearance reflects a deliberate non-compliance with the statutory proceedings initiated under the prevailing labour laws.


"The authority has now granted a last and final opportunity to the non-applicants to appear before the court on September 15. Take Notice that in the event of a failure to appear, the Authority shall proceed with the matter under Section 5 of the Maternity Benefit Act, 1961," read the final notice issued by the court, adding that non-applicant no. 1 (Angmo) was strictly directed to attend the proceedings without fail.


A continuous failure to comply would result in the initiation of permissible coercive legal action, entirely at the non-applicant's own risk as to costs and legal consequences, the notice said.


However, in complete disregard of the final notice for appearance on September 15, Angmo refused to appear and record her statement before the court, prompting it to put up the matter for November 7 for final orders.


In her complaint filed before the court, Khatoon said she worked continuously throughout her pregnancy until proceeding on her contractually and legally mandated maternity leave on March 9, 2024.


Despite submitting all requisite medical and delivery documentation within the prescribed timelines, she alleged that the institution withheld 26 weeks of her statutory maternity salary without assigning any valid or lawful justification.


Khatoon claimed that within a month of childbirth, her access to official communication channels was withdrawn, while the management failed to clarify her employment or rejoining status. When she subsequently attempted to return to work, she was allegedly asked to await a response from the HR team, which never materialised.


She alleged that the sudden termination of access, coupled with absolute silence from the management regarding her rejoining status, inflicted severe "mental agony, anxiety and sleep deprivation" during an already vulnerable postpartum phase.


She also alleged that the delay in issuing her experience certificate cost her professional opportunities, including prospective employment with Engineers India Limited (EIL).


The petition underscores that despite exhaustive follow-ups for several months via emails and messages addressed directly to Angmo, the HR team and HIAL founder Wangchuk, the management refused to provide any clear resolution or release the pending dues, prompting the worker to seek judicial remedy.


The complaint was brought before the office of the assistant labour commissioner (ALC), Leh, under Section 15 of the Payment of Wages Act, 1936, and relevant provisions of the Code on Wages, 2019. The proceedings also invoke provisions of the Maternity Benefit Act, 1961.


Khatoon had approached the labour authorities seeking directions for the release of her pending maternity benefits and resolution of the disputed employment-related issues after months of allegedly unsuccessful follow-ups with the institute's management and its founder.


The labour dispute comes amid other controversies surrounding HIAL. In August 2025, the Ladakh administration cancelled the institute's 1,076-kanal land allotment, citing alleged failure to execute the lease deed, non-payment of licence fees and violations of land-use conditions.


On November 1, the Leh administration issued a notice to the HIAL CEO directing the institute to halt classes and activities at its newly opened Desert Flower School pending a final decision in a matter before the High Court of Jammu and Kashmir and Ladakh.


In the high court proceedings, the administration also levelled allegations against Wangchuk concerning the use of public land and mobilisation of staff and students of HIAL and Students' Educational and Cultural Movement of Ladakh (SECMOL) for protests. These allegations remain subject to adjudication.


However, Wangchuk and his wife have dismissed the allegations, accusing the Ladakh administration of pursuing a "witch-hunt" against individuals and institutions aimed at "silencing dissent" in the region.

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