Case Note & Summary
The petitioner, Smt. B.S. Rajeshwari, was appointed as a Project Information Officer on a contract basis under the Nagarothana (Municipality) 3rd Stage Scheme by the Directorate of Municipal Administration, Karnataka. She worked from 2015 until she applied for maternity leave in 2019. Upon applying for maternity leave, her services were terminated by an order dated 29.08.2019. She challenged this termination by filing a writ petition under Articles 226 and 227 of the Constitution of India, seeking quashing of the termination order and reinstatement. The court examined whether the Maternity Benefit Act, 1961 applies to contractual employees and whether termination for availing maternity leave is valid. The court held that maternity leave is a fundamental right under Article 21 read with Article 42 of the Constitution, and the Maternity Benefit Act, 1961 applies to all establishments, including contractual employees. The termination was held to be illegal and violative of Section 12 of the Maternity Benefit Act, which prohibits dismissal for absence due to pregnancy. The court quashed the termination order and directed reinstatement with continuity of service and full back wages.
Headnote
A) Constitutional Law - Maternity Benefit - Right to Maternity Leave - Articles 14, 15, 21, 39(d), 42 of the Constitution of India - Maternity leave is a fundamental right under Article 21 read with Article 42, and termination for availing maternity leave is unconstitutional and violative of Articles 14 and 15. (Paras 1, 10-12) B) Service Law - Contractual Employment - Maternity Benefit Act, 1961 - Sections 5, 12 - The Maternity Benefit Act, 1961 applies to all establishments, including contractual employees engaged under a scheme. Termination of a woman employee for availing maternity leave is illegal and void under Section 12 of the Act. (Paras 7-9, 13-14) C) Service Law - Termination - Maternity Leave - Contractual Employee - The petitioner, a contractual employee, was terminated for availing maternity leave. The court held that the termination was illegal and directed reinstatement with continuity of service and full back wages. (Paras 2-6, 15-16)
Issue of Consideration
Whether termination of a contractual employee for availing maternity leave is valid and whether the Maternity Benefit Act, 1961 applies to contractual employees engaged under a scheme.
Final Decision
The court quashed the termination order dated 29.08.2019 and directed the respondents to reinstate the petitioner with continuity of service and full back wages.
Law Points
- Maternity leave is a fundamental right
- termination for availing maternity leave is illegal
- contract terms cannot override statutory benefits
- Maternity Benefit Act
- 1961 applies to all establishments
- Article 226 can be invoked for violation of fundamental rights
