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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.VAIDYANATHAN, MOHAMMED SHAFFIQ, JJ.
Tamil Nadu State Transport Corporation (Coimbatore) Ltd. – Appellant
Versus
B.Rajeswari W/o.S.S.Suresh Kumar – Respondent
W.A.No.1692 of 2022 and C.M.P.No.11739 of 2022
Decided on : 12-01-2023
Maternity Leave - Employment Rights - Maternity Benefits Act, 1961 - Tamilnadu Maternity Benefits Rules, 1967 - Constitution of India - [W.P.No.1754 of 2018] - Summary: The Writ Petitioner, appointed as Assistant Engineer, sought maternity leave which was initially granted on loss of pay. The learned Single Judge directed the employer to treat the maternity leave period as duty period and extend all service and monetary benefits. The Appellant Transport Corporation challenged the order, arguing that the Writ Petitioner was not entitled to maternity leave as a temporary employee. The court upheld the Single Judge's order, emphasizing that the Writ Petitioner had completed the required service days and that the denial of maternity benefits was contrary to the legislative intent of the Maternity Benefits Act, 1961. The court also highlighted the physical and mental challenges faced by pregnant women and the need for liberal interpretation of welfare legislation to ensure the dignity of women. The Writ Appeal was dismissed, and the Appellant Transport Corporation was directed to comply with the Single Judge's order within four months.
Fact of the Case:
The Writ Petitioner, appointed as Assistant Engineer, sought maternity leave which was initially granted on loss of pay. The learned Single Judge directed the employer to treat the maternity leave period as duty period and extend all service and monetary benefits.
Finding of the Court:
The court upheld the Single Judge's order, emphasizing that the Writ Petitioner had completed the required service days and that the denial of maternity benefits was contrary to the legislative intent of the Maternity Benefits Act, 1961. The court also highlighted the physical and mental challenges faced by pregnant women and the need for liberal interpretation of welfare legislation to ensure the dignity of women.
Issues: The main issue was whether the Writ Petitioner, as a temporary employee, was entitled to maternity leave and benefits under the Maternity Benefits Act, 1961 and Tamilnadu Maternity Benefits Rules, 1967.
Ratio Decidendi: The court held that the Writ Petitioner had completed the required service days and that the denial of maternity benefits was contrary to the legislative intent of the Maternity Benefits Act, 1961. The court emphasized the need for a liberal interpretation of welfare legislation to ensure the dignity of women.
Final Decision: The Writ Appeal was dismissed, and the Appellant Transport Corporation was directed to comply with the Single Judge's order within four months.
JUDGMENT :
S.VAIDYANATHAN, J.
Prayer: Writ appeal is filed under Clause 15 of the Letter Patent praying to set aside the order dated 31.01.2022 made in W.P.No.1754 of 2018 and allow this Writ Appeal.
This Writ Appeal has been filed, challenging the order of the learned Single Judge dated 31.01.2022 made in W.P.No.1754 of 2018, in and by which, there was a direction issued to the respondents/Appellants herein to treat the Writ Petitioner's maternity leave period from 19.03.2014 to 19.07.2014 and 20.07.2014 to 14.09.2014 as duty period for all purposes.
2. For the sake of brevity, the parties would be referred to as 'Appellant Transport Corporation' and 'Writ Petitioner'.
Brief Facts:
3. The Writ Petitioner, on completion of B.E.(Automobile Engineering) in the year 2009-2010, was sponsored through Employment Exchange to the post of Assistant Engineer against the existing vacancy and after undergoing various levels of selection, she was appointed as Assistant Engineer in the Tamil Nadu State Transport Corporation, Coimbatore by order of the 2nd respondent dated 09.09.2013 on temporary basis and she join the service on 16.09.2013;
3.1. It was submitted by the Writ Petitioner that she was on regular probation period from the date of her joining till 29.10.2013 and on successful completion of training, she was asked to report for work as Assistant Engineer with effect from 31.10.2013. She got married on 12.06.2013, i.e., prior to her appointment in the Appellant Transport Corporation and pursuant to her advanced stage of pregnancy, she continued her training till 18.03.2014;
3.2. It was further submitted that the Writ Petitioner forwarded an application, seeking maternity leave from 19.03.2014 to 19.07.2014 and from 20.07.2014 to 14.09.2014, totalling 180 days. After delivering a male baby, she had undergone the balance period of training period from 14.09.2014 to 13.03.2015 and during the training period, she was paid a consolidated pay of Rs.7,500/- only. She was thereafter posted at Corporate Office, TNSTC, Coimbatore from 31.10.2016 and that she had completed the two years of probationary period in November, 2017;
3.3. It was also submitted that as per G.O.(Ms) No.279, the maternity leave admissible to a married woman Government servant was enhanced to 90 days by the State Government with an option of spread over from the pre-confinement rest to post-confinement recuperation. Subsequently, the Government of Tamil Nadu, vide yet another G.O.(Ms) No.51 dated 16.05.2011, the maternity leave was further enhanced from 90 days to 180 days with the same spread over principle. Though she made a request for the grant of statutory leave with full pay and benefits, she was granted leave on loss of pay from 19.03.2014 to 19.07.2014 and 20.07.2017 to 14.09.2014 totalling 180 days by proceedings dated 08.08.2014;
3.4. It was pleaded by the Writ Petitioner that her various representations dated 27.08.2015, 04.11.2015, 30.11.2015, 25.11.2015 and 24.11.2017 made to the 1st Appellant herein to treat her maternity leave of 180 days as maternity leave with salary and also to refix her seniority on and from 01.10.2014 instead of 01.04.2015 did not yield any positive results and aggrieved by the order of the 2nd Appellant and the endorsement of the 1st Appellant dated 24.11.2017, the Writ Petitioner filed a Writ Petition in W.P.No.1754 of 2017 on the following grounds:
a) that the wages and benefits for the period of maternity leave cannot be taken away except in accordance with law and in the light of the Maternity Benefits Act, 1961 (in short 'the Act, 1961'), no woman shall be deprived of maternity benefits, if she has actually worked in an establishment of the employer for a period of less than eighty days in the twelve months immediately preceding the date of her expected delivery;
b) that as per Rules enacted by the Tamil Nadu Government, namely, Tamil
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