ABHAY S. OKA, UJJAL BHUYAN
K. Umadevi – Appellant
Versus
Government of Tamil Nadu – Respondent
Headnote: Read headnote
JUDGMENT :
UJJAL BHUYAN, J.
This civil appeal by special leave takes exception to the judgment and order dated 14.09.2022 passed by the Division Bench of the High Court of Judicature at Madras (High Court) in W.A. No. 1442 of 2022.
2. By the aforesaid judgment and order dated 14.09.2022 (impugned judgment), Division Bench set aside the judgment and order dated 25.03.2022 passed by a learned Single Judge of the High Court in W.P. No. 22075 of 2021 ( K. Umadevi Vs. Government of Tamil Nadu and Others ) whereby direction was issued to the State to sanction maternity leave to the appellant. By reversing the aforesaid decision, Division Bench held that appellant was not entitled to the benefit of maternity leave as claimed by her.
3. Relevant facts may be briefly note
Maternity leave is a reproductive right under Article 21 of the Constitution, and restrictive state policies must not obstruct such entitlements, as aligned with international standards.
The central legal point established is the entitlement of female employees to 180 days of maternity leave as per the Maternity Benefit Act, 1961, and international conventions, irrespective of their ....
The Maternity Benefit Act, 1961 does not apply to government servants, and state policy restricting maternity leave for the third child is valid.
The court established that maternity leave regulations should be interpreted liberally to support women's rights, emphasizing that eligibility criteria should consider only children born during the s....
Point of Law : According to Article 42 of Constitution of India, “State is required to make provision for securing just and humane conditions of work and for maternity relief”.
The Maternity Benefit Act, 1961 prevails over conflicting state regulations, affirming women's fundamental right to maternity leave.
The main legal principle established in the judgment is the entitlement of commissioning mothers to maternity leave under existing rules, despite the absence of specific provisions for surrogacy. The....
The main legal point established in the judgment is the entitlement of temporary employees to maternity leave and benefits under the Maternity Benefits Act, 1961, and the need for a liberal interpret....
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