Case Note & Summary
The High Court of Bombay allowed a writ petition filed by Petitioner, a contractual Assistant Professor at Seth G.S. Medical College and K.E.M. Hospital, challenging the denial of maternity benefits by the Municipal Corporation of Greater Mumbai. The Petitioner had been engaged on contractual basis since January 2022 with successive renewals, the latest until June 2025. She applied for maternity leave in August 2024, but the Respondents refused benefits through communication dated 21 October 2024, stating contractual employees were not entitled to such benefits as Brihanmumbai Municipal Corporation Service Rules did not apply to them. The Court examined the case under the Maternity Benefit Act 1961, noting the Petitioner had completed 80 days of employment from her last renewal date as required under Section 5(2). The Court held that the Act applies to all establishments and contractual employees are entitled to its benefits, emphasizing the Act's protective purpose for working women. The impugned communication was quashed, and the Respondents were directed to extend all maternity benefits to the Petitioner forthwith.
Headnote
The High Court of Judicature at Bombay allowed a writ petition filed by a contractual Assistant Professor seeking maternity benefits under the Maternity Benefit Act 1961 -- The Petitioner was engaged on contractual basis with Seth G.S. Medical College and K.E.M. Hospital operated by Municipal Corporation of Greater Mumbai -- The Respondents denied maternity benefits stating such benefits were not available to contractual employees as Brihanmumbai Municipal Corporation Service Rules were not applicable to them -- The Court held that the Maternity Benefit Act 1961 applies to all establishments and contractual employees are entitled to its benefits -- The Petitioner had completed 80 days of employment from her last renewal date as required under Section 5(2) of the Act -- The Court quashed the impugned communication dated 21 October 2024 and directed the Respondents to extend all maternity benefits to the Petitioner forthwith -- The judgment emphasized the protective purpose of the Act and the need to interpret its provisions liberally to achieve its objectives
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Issue of Consideration: Whether a contractual employee engaged as Assistant Professor in a municipal hospital is entitled to maternity benefits under the Maternity Benefit Act 1961 despite being governed by contractual terms that exclude certain benefits available to permanent employees
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Final Decision
The High Court allowed the writ petition, quashed the impugned communication dated 21 October 2024, and directed Respondent Nos. 1 and 2 to extend all benefits under the Maternity Benefit Act 1961 to the Petitioner forthwith
