Case Note & Summary
The petitioner, Archana Dahifale, was employed as a Project Officer on a contractual basis with the respondent No.2 Institute since 2015. Her contract was renewed for 11 months from 3rd June 2017 to 2nd May 2018 on a consolidated monthly honorarium of Rs.25,000/-. She applied for maternity leave from 13th June 2017 to 30th November 2017, which was permitted. However, upon her return, the respondent failed to pay her salary for the maternity leave period. The petitioner made representations citing the Maternity Benefit Act, 1961, but received no response, leading her to file a writ petition under Article 226 of the Constitution. The court considered the applicability of the Maternity Benefit Act to contractual employees. The respondents argued that the Act does not apply to establishments with less than 10 employees and that the petitioner was a contractual employee not covered by the Act. The court rejected these arguments, holding that the Act applies to all establishments as per Section 2, and that the definition of 'woman' under the Act includes all women, regardless of their employment status. The court emphasized that maternity benefit is a fundamental right under Article 21 and cannot be denied on the basis of contractual employment. The court directed the respondents to pay the petitioner maternity benefit at the rate of Rs.25,000/- per month for the period from 13th June 2017 to 30th November 2017 within four weeks.
Headnote
A) Maternity Benefit - Contractual Employee - Entitlement to Maternity Benefit - Maternity Benefit Act, 1961, Sections 5, 2 - The petitioner, a contractual Project Officer, was denied maternity benefit for the period of her maternity leave from 13th June 2017 to 30th November 2017. The court held that the Maternity Benefit Act, 1961 applies to all establishments, including those employing contractual employees, and that denial of maternity benefit to a woman on account of her contractual status is unconstitutional and violative of Article 21. The court directed the respondent to pay the maternity benefit at the rate of Rs.25,000/- per month for the said period within four weeks. (Paras 6-8)
Issue of Consideration
Whether a contractual employee is entitled to maternity benefit under the Maternity Benefit Act, 1961?
Final Decision
The court allowed the petition and directed the respondents to pay the petitioner maternity benefit at the rate of Rs.25,000/- per month for the period from 13th June 2017 to 30th November 2017 within four weeks.
Law Points
- Maternity Benefit Act
- 1961 applies to all establishments irrespective of number of employees
- Contractual employees are entitled to maternity benefit
- Denial of maternity benefit to contractual employee is violative of Article 21 of Constitution of India
