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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
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 Constitution of India, calling for the records and proceedings in respect of the impugned communication dated 21st October 2024 (received on 22nd October 2024) [Exhibit-H] and after going through the legality, validity and propriety thereof, be pleased to quash and set aside the same;
b) That this Hon'ble Court may be pleased to issue a writ of Mandamus or any other appropriate writ, order or direction in the nature of Mandamus, under Article 226 of the Constitution of India, thereby directing the Respondent Nos. 1 and 2 to extend all benefits under the Maternity Benefit Act 1961 to the Petitioner forthwith.”
2. Apropos the above, we are in the present proceedings, called upon to examine and adjudicate a case of the Petitioner being a doctor and practicing anesthesiologist engaged as an Assistant Profes
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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