Case Note & Summary
The petitioners, Somaiya Vidyavihar KJ Somaiya College of Arts and Commerce and its Principal, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 13th July 2026 passed by the Assistant Commissioner of Labour and Appellate Authority under the Maternity Benefit Act, 1961. The Appellate Authority had directed the petitioners to pay maternity benefit to the respondent No.3, Dr. Paankhi Agrawal, a female employee who had worked as a teacher. The respondent No.3 had applied for maternity leave, but the petitioners denied her maternity benefit on the ground that she had not completed 80 days of work in the preceding 12 months. The respondent No.3 then approached the Inspector under the Maternity Benefit Act, who directed the petitioners to pay the benefit. The petitioners challenged that order before the Appellate Authority, which upheld the Inspector's order. The petitioners then filed the present writ petition. The court held that the Maternity Benefit Act, 1961 applies to all establishments, including educational institutions. The court found that the respondent No.3 had worked for 80 days in the preceding 12 months and was therefore entitled to maternity benefit. The court also held that the order of the Appellate Authority is final and binding, and the petitioners could not challenge it by way of a writ petition unless the order was perverse or without jurisdiction. The court dismissed the petition and directed the petitioners to pay the maternity benefit to the respondent No.3 within four weeks.
Headnote
A) Maternity Benefit Act, 1961 - Section 5 - Maternity Benefit - Entitlement - The court held that a female employee who has worked for a period of not less than 80 days in the 12 months immediately preceding the date of her expected delivery is entitled to maternity benefit. The employer cannot deny the benefit on the ground that the employee had not completed 80 days of work, if the employee has actually worked for 80 days. (Paras 2-5)
B) Maternity Benefit Act, 1961 - Section 12 - Appellate Authority - Finality of Order - The court held that the order of the Appellate Authority under the Maternity Benefit Act, 1961 is final and binding on the employer. The employer cannot challenge the order by way of a writ petition under Article 226 of the Constitution of India, unless the order is perverse or without jurisdiction. (Paras 6-8)
C) Maternity Benefit Act, 1961 - Section 4 - Employment of women - Prohibition - The court held that the Maternity Benefit Act, 1961 applies to all establishments, including educational institutions. The employer cannot deny maternity benefit to a female employee on the ground that she is a teacher or that the establishment is an educational institution. (Paras 2-5)
D) Maternity Benefit Act, 1961 - Section 5 - Maternity Benefit - Calculation - The court held that the maternity benefit is to be calculated at the rate of the average daily wage for the period of her actual absence, i.e., for the period of six weeks immediately preceding the date of her expected delivery and six weeks immediately following the date of her delivery. (Paras 2-5)
Issue of Consideration
Whether the petitioners (college and principal) are justified in denying maternity benefit to the respondent No.3 (employee) on the ground that she had not completed 80 days of work in the preceding 12 months, and whether the order of the Appellate Authority under the Maternity Benefit Act, 1961 directing payment of maternity benefit is legal and valid.
Final Decision
The court dismissed the writ petition and directed the petitioners to pay the maternity benefit to the respondent No.3 within four weeks from the date of the order.
Law Points
- Maternity Benefit Act
- 1961
- Section 5
- Section 12
- Section 4
- Article 226 of the Constitution of India
- Maternity benefit is a fundamental right
- Denial of maternity benefit is illegal
- Employer cannot deny maternity benefit on ground of non-completion of 80 days if employee has worked for 80 days
- Appellate Authority's order is final and binding
Case Details
2026 LawText (BOM) (07) 19
Writ Petition No. 4244 of 2025
G. S. Kulkarni, Aarti Sathe
Mr. Lancy D’souza a/w. Ms. Deepika Agarwal i/b. Mr. V.M.Parkar, for Petitioners. Ms. Sheetal Malvankar, AGP for Respondent-State. Ms. Sudha Bharadwaj, for Respondent No.3.
Somaiya Vidyavihar KJ Somaiya College of Arts and Commerce Vidyavihar, Mumbai and Prof. (Dr.) Kishan H.Pawar
The Asst. Commissioner of Labour & Appellate Authority under the Maternity Benefit Act, 1961, The Inspector (under the Maternity Benefit Act, 1961), and Dr. Paankhi Agrawal
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging an order of the Appellate Authority under the Maternity Benefit Act, 1961 directing payment of maternity benefit.
Remedy Sought
The petitioners sought to quash and set aside the order dated 13th July 2026 passed by the Assistant Commissioner of Labour and Appellate Authority under the Maternity Benefit Act, 1961, and to uphold their decision to deny maternity benefit to the respondent No.3.
Filing Reason
The petitioners denied maternity benefit to the respondent No.3 on the ground that she had not completed 80 days of work in the preceding 12 months. The respondent No.3 challenged this before the Inspector under the Maternity Benefit Act, who directed payment. The petitioners appealed to the Appellate Authority, which upheld the Inspector's order. The petitioners then filed the present writ petition.
Previous Decisions
The Inspector under the Maternity Benefit Act directed the petitioners to pay maternity benefit to the respondent No.3. The Appellate Authority upheld that order.
Issues
Whether the respondent No.3 had completed 80 days of work in the 12 months preceding her expected delivery and was therefore entitled to maternity benefit under Section 5 of the Maternity Benefit Act, 1961.
Whether the order of the Appellate Authority under the Maternity Benefit Act, 1961 is final and binding, and whether the petitioners can challenge it by way of a writ petition under Article 226 of the Constitution of India.
Submissions/Arguments
The petitioners argued that the respondent No.3 had not completed 80 days of work in the preceding 12 months and was therefore not entitled to maternity benefit.
The respondent No.3 argued that she had worked for 80 days and was entitled to maternity benefit, and that the order of the Appellate Authority was correct.
Ratio Decidendi
A female employee who has worked for a period of not less than 80 days in the 12 months immediately preceding the date of her expected delivery is entitled to maternity benefit under Section 5 of the Maternity Benefit Act, 1961. The employer cannot deny the benefit on the ground that the employee had not completed 80 days of work, if the employee has actually worked for 80 days. The order of the Appellate Authority under the Maternity Benefit Act is final and binding, and cannot be challenged by way of a writ petition under Article 226 of the Constitution of India unless the order is perverse or without jurisdiction.
Judgment Excerpts
This petition under Article 226 of the Constitution of India has been filed praying for the following substantive reliefs:
The court held that the Maternity Benefit Act, 1961 applies to all establishments, including educational institutions.
The court found that the respondent No.3 had worked for 80 days in the preceding 12 months and was therefore entitled to maternity benefit.
The court also held that the order of the Appellate Authority is final and binding, and the petitioners could not challenge it by way of a writ petition unless the order was perverse or without jurisdiction.
Procedural History
The respondent No.3 applied for maternity benefit. The petitioners denied it. The respondent No.3 approached the Inspector under the Maternity Benefit Act, who directed payment. The petitioners appealed to the Appellate Authority, which upheld the Inspector's order. The petitioners then filed the present writ petition under Article 226 of the Constitution of India.
Acts & Sections
- Maternity Benefit Act, 1961: Section 5, Section 12, Section 4
- Constitution of India: Article 226
