Denying Maternity Leave To Contractual Employee Violates Article 14: Punjab & Haryana High Court

The Punjab and Haryana High Court has said that denying maternity leave to a contractual employee under the Maternity Benefit Act would amount to discrimination on grounds of nature of their employment and thereby violates Article 14 of the Constitution which guarantees equal protection of law.Justice Aman Chaudhary said: "The Maternity Benefit Act, 1961, is a beneficial piece of legislation designed to safeguard the rights of working women during pregnancy and motherhood enacted in consonance with the Articles 39 and 42 of the Constitution of India. To discriminate between them, on the premise of the nature of their engagement/appointment, it being regular or contract, would be violative of Article 14 of the Constitution of India whereby equality before the law and equal protection of laws is ensured". To discriminate between them, on the premise of the nature of their engagement/appointment, it being regular or contract, would be violative of Article 14 of the Constitution of India whereby equality before the law and equal protection of laws is ensured, the Court added.The Court was hearing plea of a Clinic Assistant under Aam Aadmi Clinic, City Raman, District Bathinda,who had applied for maternity leave for two months.The Nodal Officer of the said clinic, which was forwarded by the Senior Medical Officer, for granting sanction, and on oral orders of the Civil Surgeon, she had proceeded on leave. After giving birth to a baby girl on and being discharged from the hospital, she requested to re-join, However, her request to re-join was declined. During the hearing the State counsel, on instructions had submitted that the petitioner was subsequently allowed to re-join. After hearing the submissions, the Court referred to Municipal Corporation of Delhi vs. Female Workers (Muster Roll) and another [(2000) 3 SCC 244], wherein it was held that the Maternity Benefit Act covers contract workers, including those employed on daily wages.Reliance was also placed on Dr. Kavita Yadav vs. The Secretary, Ministry of Health and Family Welfare Department and others, (2024) 1 SCC 421 wherein it was held that even fixed-term employees would be entitled to full maternity benefits under Section 5 of the Maternity Benefit Act, 1961 beyond their contractual tenure.In the light of the above, the Court allowed the plea seeking quashing of letter whereby her request to re-join was rejected.Mr. M.S.Bhatti, Advocate for Ms. Munisha Sharma, Advocate, for the petitioner.Mr. Charanpreet Singh, AAG, Punjab.Title: Harpreet Kaur v. State of Punjab and OthersClick Here To Read/Download Order

Denying Maternity Leave To Contractual Employee Violates Article 14: Punjab & Haryana High Court

Aiman J. Chishti

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