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TARLOK SINGH CHAUHAN, SUSHIL KUKREJA
Tanvi Thakur – Appellant
Versus
Himachal Pradesh Power Corp. Ltd. – Respondent
The instant petition has been filed for grant of the following substantive reliefs:-
(ii) That the respondents be directed to release the salary of applicant for the period w.e.f. 01.01.2019 to 22.02.2019.
2. The undisputed facts of the present case are that the petitioner was initially appointed as Assistant Finance Officer on contract basis w.e.f. 23.09.2008 and subsequently his services came to be regularized and she was promoted as Manager (Finance) on 01.01.2017.
3. The petitioner while in service was in family way and had given due notice to respondent No. 3 on 03.07.2018 that she would be proceeding on maternity leave for 180 days w.e.f. 04.07.2018 to 20.12.2018 under “The Maternity Benefit Act, 1961”, with a specific request to allow her the benefit flowing out of the notification issued by the Finance Department of the Government of Himachal Pradesh dated 2
The central legal point established is the entitlement of female employees to 180 days of maternity leave as per the Maternity Benefit Act, 1961, and international conventions, irrespective of their ....
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.
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....
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 ....
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