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A. S. CHANDURKAR, JITENDRA JAIN
Airports Authority of India Workers Union – Appellant
Versus
Under Secretary , Ministry of Labour , Govt. of India – Respondent
JUDGMENT
Jitendra Jain, J. - Rule. Rule made returnable forthwith. By consent of the parties the petition is heard finally.
2. By this petition under Article 226 of the Constitution of India, the Petitioners seek to challenge communications dated 28th January 2014 and 31st March 2014 issued by Respondent No.2, whereby Petitioner No.2's application for maternity leave benefit is rejected on the ground that Petitioner No.2 is having more than two surviving children and hence is not eligible for the grant of maternity leave as per AAI Leave Regulations 2003.
Brief facts:-
3. The Petitioner No.2 married Mr. K. Raja Armugam and on 18th July 1997 gave birth to one child from the said wedlock. However, on 6th December 2000, Mr. K. Raja Armugam passed away and in his place, pursuant to an application by Petitioner No.2 for compassionate appointment, she was appointed by Respondent No.2 on compassionate ground as Junior Attendant on 24th February 2004.
4. On 1st July 2008, Petitioner No.2 remarried one Mr. Shyam Sandal. Out of the second wedlock, she gave birth to two children. On 27th June 2009, Petitioner No.2 had her first child and thereafter the second child was born on 3rd September 2012.
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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....
Maternity leave under CCS(Leave) Rules Rule 43 granted for third biological child via purposive interpretation, limited to 12 weeks guided by Maternity Benefit Act, considering divorce, child disabil....
The Maternity Benefit Act, 1961 does not apply to government servants, and state policy restricting maternity leave for the third child is valid.
Entitlement to maternity leave for the birth of the third child despite having three children, based on the interpretation of G.O.Ms.No.237 and Fundamental Rules.
Spouse's children from prior marriage do not count against female servant's maternity leave entitlement for her biological child under CCS Rule 43; courts must purposively interpret to prioritize mot....
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 refusal of maternity leave based on Rule 3 of Appendix XIIA was legally and factually faulty, and the Kerala Service Rules provide a liberalized legal machinery to protect the rights of pregnant ....
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