Maternity leave is a statutory right essential for women's workplace continuity, requiring adequate respect and compliance by employers to ensure dignity and fair treatment.

JUDGMENT :

M. K. Thakker, J.

1. Rule returnable forthwith. Learned advocate Mr.Param Shah waives service of Rule on behalf of respondent no.1.

2. The present petition is filed under Article 227 of the Constitution of India challenging the order passed by learned Labour Commissioner in Appeal No.1 of 2023 dated 27.07.2023 and the order passed by learned labour officer dated 20.03.2023 directing the present petitioner to pay maternity leave benefits to the tune of Rs.3,24,000/- and Rs.1,000/- towards medical bonus.

2.1. It is the case of the present petitioner before this Court that respondent no.1 was working with the firm namely Funasia Awesong which is a proprietorship firm and she was serving as a Radio Jockey. Due to pregnancy, she applied for maternity leave from October, 2022 onwards for the period of six months and thereafter, notice was issued seeking compensation under the provision of Maternity Benefits Act claiming salary of six months at the rate of Rs.54,000 per month. Thereafter, complaint came to be filed before the learned Labour Welfare Officer, Ahmedabad and as petitioner, though after receiving notice, could not attend the proceedings which was initiated before the Labour Welfare Officer as he was out of India and thereafter, order was passed by the competent authority directing present petitioner to pay maternity benefits to the present respondent, which was challenged before the appellate authority by filing appeal being Appeal No.1 of 2023 which was also dismissed and the same is the subject matter of challenge before this Court in the present petition.

3. Heard learned advocate Mr.K.C.Mehta and learned advocate Mr.Param Shah for the respondent.

3.1. Learned advocate Mr.K.C.Mehta submits that both the authorities had committed error in directing the present petitioner who is Funasia Networks LLP to pay amount of benefit towards maternity leave to the present respondent. Learned advocate Mr.K.C.Mehta submits that the appointment was made under the Funasia Awesong which is the proprietorship concern having directorship of one Dhrumil Pratik Mehta however, proceedings were initiated against Funasia Network L.L.P. who is limited liability partnership firm and where the Directors are one Pratik Shantilal Mehta. Learned advocate Mr.K.C.Mehta submits that though both the entities belong to the same family, however, they were registered under different registration certificate and their business is also distinct to each other. Learned advocate Mr.K.C.Mehta submits that in addition to that, the petitioner was in Dubai at the relevant point of time when the notices were issued by the authority and subsequently, he could not attend the hearing before the learned Authority and therefore, ex-parte order was passed against the present petitioner which was confirmed by the appellate authority and in that background the petitioner is required to be given one fair opportunity to adduce the evidence before the learned competent officer and thereafter, directions are required to be issued to decide afresh. Learned advocate Mr.K.C.Mehta submits that without considering the material, the learned appellate authority has dismissed the appeal therefore, impugned orders require to be set aside and application be decided afresh by the learned Labour Welfare Officer.

3.2. Per Contra learned advocate Mr.Param Shah submits that as per the information received from the Ministry of Corporate Affairs, Funasia Network L.L.P. was under the directorship of Mr.Pratik Shantilal Mehta and Dhrumil Pratik Mehta and their e-mail ID stated in the official website is funasiaawesongnetwork@gmail.com. Learned advocate Mr.Param Shah submits that on the said e-mail address vari