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2023 Supreme(HP) 331

TARLOK SINGH CHAUHAN, VIRENDER SINGH
State of H. P. – Appellant
Versus
Sita Devi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. I.N. Mehta, Mr. Y.W. Chauhan, Sr. Addl. A.Gs., with Mr. Ramakant Sharma, Ms. Sharmila Patial, Addl. A.Gs. and Mr. Rajat Chauhan, Law Officer.

JUDGMENT :

Tarlok Singh Chauhan, J.

Right to life under Article 21 of the Constitution of India includes the right to mother and to become a mother is the most natural phenomena in the life of a woman. Therefore, whatever is needed to facilitate the birth of her child to a woman, who is in service, the employer has to be considerate and sympathetic towards her, must realise the physical difficulties, which a working woman faced in performing duties at the work place while carrying a baby in the womb or while rearing up the child after birth (See: Municipal Corporation of Delhi vs. Female Workers (Muster Roll) & Anr. 2000 (3) SCC).

2. Aggrieved by the order passed by the H.P. Administrative Tribunal (for short the 'Tribunal') whereby the respondent was granted the benefit of deemed maternity leave and thereafter consequential benefit of conferment of workcharge status on completion of 8 years service, the employer-State has filed the instant petition for the grant of following substantive reliefs:-

    (i) That the order dated 21.11.2018 passed by the State Administrative Tribunal in th

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