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.

Order :

The object of maternity leave is to protect the dignity of motherhood by providing full and healthy environment to the women and her child, maternity leave intends to achieve the social justice to women, motherhood and childhood, both require special attention.

1. Mother is mother, whether she is working on regular basis or on contract basis. Denial of benefits of maternity leave to females working on contract basis as they are equivalent to the females working on regular basis is violative of their right to life guaranteed under Article 21 of the Constitution of India.

2. The right to life under Article 21 of the Constitution of India encompasses the right to motherhood, as well as the right of every child to receive complete love, care, protection, and development from their mother. Therefore, mothers should be entitled to the same maternity leave benefits that are provided to any female employees, regardless of whether they are employed on a contract or ad-hoc basis.

3. The participation of women in the workplace plays a key role in the economic growth of a country. The Government of India has been pushing for the cause of increasing women's participation in the overall economy. According to the Periodic Labour Force Survey (PLFS), there has been an increase in women's workforce participation from 22% in 2017-18 to 35.9% in 2022-23. To enable more women to join the workforce and meaningfully contribute to the economy, the implementation of the provision related to maternity benefits, both in the private and public sector is vital.

4. To ensure that the women of the society feel safe and secure, they should be able to make decisions in their personal and professional life, without one having an implication or bearing over the other. The work environment should be conducive enough for a woman to facilitate unimpaired decision making regarding personal and professional life and to ensure that a woman who choose to have both, a career and motherhood, is not forced to make an either or decision.

5. Newborn babies of women working on a contractual basis have the same right to life as those of women working on a regular basis. The question arises whether a distinction can be made between a female employee on a contract basis and one on a regular basis when it comes to granting maternity leave benefits. It is within this context that the issue raised in this petition needs to be addressed.

6. The instant writ petition has been filed with the following prayer:

"i) Direct the respondents to grant benefit of maternity leave as applicable to female employees getting regular salary in pay scale to petitioner;

ii) Since petitioner has been deprived of the benefit without any lawful reasons as such petitioner be suitably compensated with interest @18% p.a.

iii) any other order or direction which this Hon'ble Court may deem fit and proper may kindly be passed in favour of the petitioner.

iv) Cost of the writ petition be awarded in favour of the humble petitioner."

7. By way of filing this petition, the petitioner is seeking directions against the respondents to grant her the benefit of maternity leaves, as applicable to the female employees receiving regular salary in the pay-scale of the petitioner.

8. Counsel for the petitioner submits that the petitioner was appointed on contract basis on the post of Nurse Gr-II, vide order dated 17.09.2003, and after her marriage, she became pregnant, and from the wedlock, a daughter was born on 29.09.2008. Counsel submits that an application was submitted by the petitioner for grant of six months maternity leaves w.e.f. 29.09.2008 till 23.03.2009. Counsel submits that the respondents sanctioned only two months maternity leaves to the petitioner. Counsel submits that as per the notification issued by the Department of Finance, an amendment was brought under Rule 103 of the Rajasthan Service Rules, 1951 (for short 'Rules of 1951'), in which the period of maternity leave was increased from 135 days to 180 day