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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.I.CHAGLA, ADVAIT M.SETHNA
Dhanashri Ramesh Karkhanis – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent
| Table of Content |
|---|
| 1. contractual employee met 80-day requirement for benefits. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 17 , 18) |
| 2. sections 5, 27, 6 entitle despite contract terms. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 3. policies excluding contractuals rejected by statute. (Para 28 , 29 , 30 , 31 , 32 , 33) |
| 4. volte-face on court-recorded benefits agreement. (Para 34 , 35) |
| 5. preamble and section 5 ensure eligibility. (Para 36 , 37) |
| 6. section 27 overrides inconsistent service contracts. (Para 38 , 39 , 40) |
| 7. no suppression; act trumps rules, notices. (Para 41 , 42 , 43 , 44) |
| 8. maternity relief under articles 21, 42. (Para 45 , 46) |
| 9. protects motherhood dignity, financial support. (Para 47 , 48) |
| 10. quash denial; grant statutory benefits expeditiously. (Para 49) |
JUDGMENT :
(PER ADVAIT M. SETHNA, J.)
1. Rule. Rule made returnable forthwith with the consent of parties. The Petitioner has filed this Petition under Article 226 of the Constitution of India seeking the following substantive reliefs:-
“a) This Hon'ble Court be pleased to issue a writ of Certiorari or any other writ, order, direction in the nature of Certiorari, under Article 226 of the Con
Contractual employees entitled to maternity benefits under Maternity Benefit Act if 80-day qualifying period met; Section 27 overrides inconsistent contracts, ensuring statutory protections prevail o....
Contractual employees are entitled to maternity benefits extending beyond the contractual period, as per the Maternity Benefit Act, recognizing women's rights irrespective of employment status.
Learned Single Judge was right in directing reinstatement with 25% back wages and it also observed that the grant of full back wages would be appropriate remedy and also held that learned Single Judg....
Denial of maternity leave to female employees on contract basis violates their constitutional rights to life and equality, mandating equal maternity benefits for all women.
An alternate efficacious remedy though available has not been resorted to by the petitioner and hence the writ petition is not maintainable.
Contractual employees are entitled to full maternity benefits under the Maternity Benefit Act, 1961, even after the expiration of their contracts, and the Act overrides any agreement or contract of s....
The court reaffirmed that termination of a pregnant employee is unlawful under the Maternity Benefit Act, 1961, and benefits must be provided irrespective of any contractual terms or notice requireme....
Maternity benefits under the Maternity Benefit Act, 1961 apply to contractual employees beyond their contract duration if eligibility criteria are met, overriding any contractual limitations.
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