Can't Deny Maternity Benefits To Contractual Employee: Delhi High Court
The Delhi High Court has recently observed that contractual staff can’t be deprived of maternity rights.
The petitioner is posted as a female attendant at Geetanjali Hostel, South Campus, Delhi University (hereinafter “respondent institution”). She was appointed on an ad-hoc basis, for an initial period of six months, beginning from 4th July 2018.
The petitioner applied for maternity leave with effect from 5th May 2022 to 4th November 2022.
The same was communicated to the respondent institution vide a letter dated 19th April 2022, which was subsequently approved.
The officer-in-charge of the respondent institution, vide letter dated 21st June 2022, renewed the petitioner‟s contractual term for a period of six months w.e.f., 2nd July 2022 till 31st December 2022.
Upon rejoining the services of the respondent institution, the petitioner was apprised of the fact that her services had been terminated and she had been permanently replaced.
The petitioner made several representations to the respondents and other concerned authorities, however, there was no action on behalf of the authorities.
In furtherance of the representations made, the petitioner served a legal notice dated 23rd November 2022 to the respondents, in order to direct them to take action against the non-payment of salary during the period of maternity leave. Aggrieved by the sudden termination as well as the non-payment of salary during the petitioner‟ 's maternity period, the petitioner has preferred the present petition.
Learned Counsel appearing on behalf of the petitioner submitted that the petitioner was entitled to a paid maternity leave of 26 weeks, however the same was not complied with by the respondents. It is also submitted that the respondent institution terminated the services of the petitioner without providing a cogent reason or issuing a show cause notice.
The court was of the opinion that the respondent institution had wrongly terminated the petitioner, as there was no notice issued to the petitioner before her services were concluded. Moreover, the petitioner was apprised of the sudden conclusion of her services only when she rejoined the respondent institution upon the lapse of her maternity period.
The Delhi High Court in a catena of judgments has time and again reiterated that maternity benefits cannot be denied to a female employee merely because the nature of such employment is contractual. Denial of the said benefits is inhumane and in violation of fundamental rights. Maternity rights are not something that is based on a statute but stand to be an integral part of the identity of a woman. Denial of such rights is in fact standing in the way of a woman choosing to bring life into the world, thereby violating her fundamental right to life. Such denial is indeed against the principle of social justice.
For the unversed, Section 12 of the Maternity Benefit Act, 1961, lays down a specific provision whereby dismissal of a female employee during absence or pregnancy from work is prohibited.
The Act, of 1961 also provides for paid leave and benefits regardless of the nature of the employment. It is also submitted that the University of Delhi i.e., respondent no.1, has not complied with its own notification dated 4th January 2022, whereby, maternity benefit was granted to ad-hoc/contractual staff of the University and its colleges.
