Court Rules Denial Based on Technical Breaks in Service Unjustifiable Under Maternity Benefit Act, 1961
In a landmark judgment, the Bombay High Court's Circuit Bench at Kolhapur, comprising Justices M.S. Karnik and Ajit B. Kadethankar, has reinforced the entitlement of maternity benefits to temporary and contractual female employees. The court ruled in favor of Dr. Vrushali Vasant Yadav, an Assistant Professor working on a temporary basis at Rajarshree Chhatrapati Shahu Maharaj Government Medical College, Kolhapur, who had been denied maternity leave benefits due to technical breaks in her service.
Dr. Yadav, represented by Advocate Mr. Kedar Lad, had petitioned against the State of Maharashtra and other respondents, seeking the extension of maternity leave benefits as per her application dated May 28, 2021. Despite working continuously since September 21, 2018, Dr. Yadav was given technical breaks of one or two days after every 120 days of service. The denial of maternity benefits based on these breaks was contested as arbitrary and contrary to the provisions of the Maternity Benefit Act, 1961.
The court's judgment highlighted the benevolent objectives of the Maternity Benefit Act, which aims to provide maternity leave benefits to all female employees, regardless of their employment status. The Act mandates that every woman is entitled to maternity benefits, which should be paid by the employer at the average daily wage rate for the period of her actual absence due to maternity.
In its decision, the court referenced several precedents, including the Supreme Court's judgment in Municipal Corporation of Delhi v. Female Workers (Muster roll), which extended maternity benefits to women employed on daily wages. The court emphasized that technical breaks in service should not be a barrier to availing maternity leave, as this undermines the welfare-oriented purpose of the Act.
The court ordered that Dr. Yadav be granted the maternity leave benefits she sought from May 8, 2021, to September 16, 2021, totaling 131 days. It further directed the respondents to disburse the amount of Rs. 4,36,666/- as maternity benefits within four weeks, failing which the amount would accrue interest at 9% per annum until paid.
This judgment sets a precedent for similar cases, ensuring that female employees on temporary or contractual terms are not discriminated against regarding maternity benefits. It reaffirms the judiciary's commitment to upholding the principles of equality and non-discrimination in employment law.
Bottom Line:
Maternity Benefit Act, 1961 - A woman working on a temporary basis, even with technical breaks in service, is entitled to maternity benefits under the Act. Denial of such benefits based on technical breaks is arbitrary and unjustifiable.
Statutory provision(s): Maternity Benefit Act, 1961 Section 5
