Technical Breaks Given To Temporary Employees Is No Ground To Deny Maternity Leave Benefits: Bombay High Court
Narsi Benwal
17 Dec 2025 2:38 PM IST
The Bombay High Court on Tuesday (December 16) held that a woman working on temporary basis on daily wages is entitled to the benefits of maternity leave and she cannot be denied the same on the ground that she is given 'technical break' of 1 or 2 days after completing 120 days in a year.
A division bench of Justices Makarand Karnik and Ajit Kadethankar, sitting at the circuit seat at Kolhapur, allowed the petition filed by one Dr Vrushali Yadav, who worked as an Assistant Professor in the Obstetrics and Gynaecology Department at Rajarshree Chhatrapati Shahu Maharaj Government Medical College from September 2018.
The petitioner applied for maternity leave from May 8, 2021 till September 16, 2021 i.e. a total of 131 days. However, her leaves were treated as 'leaves without pay' and the maternity leave benefits were not extended to her despite making applications for the same twice. She therefore sought Rs 4,36,666 as maternity leave benefit, which was not paid to her and therefore, petitioned the Kolhapur bench.
The authorities on the other hand, while refusing to pay the benefits, argued that since women professors or employees working on temporary basis were given regular technical breaks, they were not entitled to such benefits.
However, the petitioner argued that she had been working on the post 'uninterrupted' and 'continuously' from May 2021 and that the breaks in service were technical in nature.
The judges, having heard the contentions, referred to section 5 of the Maternity Benefit Act, 1981, which details the rights of women to payment of maternity benefits.
The judges thus found that in terms of sub-section (1), every woman shall be entitled to, and employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day.
The other conditions as laid down in Section 5 of the said Act have been fulfilled by the petitioner, the judges said.
"It is thus clear that even if a woman is working on temporary basis on daily wages, she is entitled to the benefits of the maternity leave and merely because the petitioner is granted the technical break in service is no ground to deprive her of the beneit. Such interpretation would be in the teeth of the benevolent object for which the Maternity Benefit Act , 1961 has been enacted. We, therefore, have no hesitation in holding that denial of the benefit of maternity leave to the petitioner only on the ground that the petitioner was granted a technical break of 1 or 2 days in service is unjustifiable and untenable. The petitioner is held entitled to the said benefits," the judges held.
The bench therefore, ordered the authorities to pay the maternity benefits within a period of four weeks.
Appearance:
Advocate Kedar Lad appeared for the Petitioner.
Assistant Government Pleader TJ Kapre represented the State.
Case Title: Dr Vrushali Vasant Yadav vs State of Maharashtra (Writ Petition 15521 of 2024)