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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
JUSTICE ANOOP KUMAR DHAND, J
Smt Basanti Devi Wife Of Shri Surendra Singh – Appellant
Versus
State Of Rajasthan Through Secretary To The Government – Respondent
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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 econ
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.
Point of Law : According to Article 42 of Constitution of India, “State is required to make provision for securing just and humane conditions of work and for maternity relief”.
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.
Section 5(1), broadly, provides that every woman would be entitled to payment of maternity benefit at rate provided therein, for a period when she is absent i.e., period immediately preceding day of ....
The main legal point established in the judgment is the entitlement of female employees to maternity benefits under the Maternity Benefits Act, 1961, and the prohibition of discrimination based on em....
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....
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....
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....
An alternate efficacious remedy though available has not been resorted to by the petitioner and hence the writ petition is not maintainable.
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