Can't Deny Maternity Benefits On Technicalities, Woman Cannot Be Forced To Swing Between Motherhood And Employment: Madras High Court

While dismissing an appeal preferred by Tamil Nadu State Transport Corporation against a single judge order directing the organization to pay maternity benefits to a temporary employee, the Madras High Court recently held that welfare legislation like the Maternity Benefits Act cannot be denied merely on the basis of technicalities.welfare legislation and the benefits cannot be deprived on mere interpretation and technicalities, as interpretation of law should be liberal to ensure marching towards enforcement and it should not defeat the very purpose of welfare scheme.Highlighting the importance of maternity benefits for women, Justice S Vaidyanathan and Justice Mohammed Shaffiq went on to observe that a woman must not be forced to swing between motherhood and work like a pendulum and that even in Hindu mythology, women who sacrificed their lives for their families were considered at par with God.A woman is not a pendulam and cannot be forced to swing between motherhood and employment, as the maternity benefit relates to the dignity of a woman. InHindu mythology, women, who respect elders and sacrifice their life for the welfare of the husband's family, are portrayed as equal or even greater thanmen and are regarded as equivalent to God.BackgroundThe original writ petitioner was employed in the transport corporation as a temporary employee and was subject to undergo a mandatory training period. Since she was pregnant, she had to take leave during the training period and had applied for maternity leave.Though the transport corporation had granted her maternity leave, it was with a loss of pay. When the writ petitioner employee had preferred a writ petition, the same was allowed and the single judge directed the corporation to treat her leave period as duty period and also extended all service and maternity benefits during this period.Upon appeal, the transport corporation contended that as per a GO issued by the Transport Department, there was no provision for eligible maternity leave during the training period. Further, only a non-permanent woman employee who had completed 160 days of work in 12 months was eligible to claim maternity leave. Since the petitioner had completed only 145 days of work, she was not eligible for maternity leave. The corporation further submitted that though the Maternity Benefits Act 1961 was a welfare legislation, the benefits of the Act cannot be extended to persons who did not fulfil the criteria of being an employee. The court, however disagreed with this stand, and reiterated that interpretation of welfare legislations should not have the effect of nullifying the benefits.It to be remembered that birth of a baby is rebirth of a mother and if a woman is not properly taken care during the period of pregnancy and after delivery, it will certainly affect two lives, namely, mother and new borns. Though both Central and State Governments have been liberally implementing various schemes for the welfare and upliftment of women, the Authorities concerned shall stand in its way from reaching the hands of women for some extraneous consideration.The court further relied on the decision of the Apex Court in Municipal Corporation of Delhi vs. FemaleWorkers (Muster-roll) and another where the Supreme court had held that female workers working on a casual basis or on muster roll on daily-wage basis should be given maternity benefits. Thus, the court was not inclined to interfere with the order of the single judge. Since the single judge had directed the corporation to pay the amount within a period of four months and since that period had already expired, the court directed the corporation to pay the same within four months failing which the corporation would have to pay a cost of fifty thousand rupees. Case Title: Tamil Nadu State Transport Corporation (Coimbatore) Ltd and another v. B Rajeswari Citation: 2023 LiveLaw (Mad) 15Case No: WA. No.1692 of 2022Click here to read/download the judgment

Can't Deny Maternity Benefits On Technicalities, Woman Cannot Be Forced To Swing Between Motherhood And Employment: Madras High Court

Upasana Sajeev

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Can't Deny Maternity Benefits On Technicalities, Woman Cannot Be Forced To Swing Between Motherhood And Employment: Madras High Court

Upasana Sajeev

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers