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K. R. SHRIRAM, SENTHILKUMAR RAMAMOORTHY
MRB Nurses Empowerment Association – Appellant
Versus
Principal Secretary – Respondent
ORDER :
(Order of the Court was made by the Hon'ble Chief Justice)
Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to extend maternity benefits including that 270 days of paid maternity leave in accordance with the provisions of Maternity Benefit Act, 1961 to all staff nurses working under the National Rural Health Mission Scheme in the State of Tamilnadu with immediate effect.
This writ petition was admitted on 22nd March, 2019.
2. It is petitioner's case that it is an association established with the sole purpose of upliftment of staff nurses working on various scheme sanctioned posts in the State of Tamil Nadu. One such scheme is National Rural Heath Mission (NRHM) Scheme floated by the Government of India with a view to enhance the health care in rural areas.
3. Under the NRHM scheme, the Central Government provides funds to the State Government for the appointment of Doctors, Nurses, Pharmacists and other health care professionals. The State Government recruits the health care professionals in its rolls and uses these funds to pay them salary. The State of Tamil Nadu had recruited more than 11,0
Maternity benefits under the Maternity Benefit Act, 1961 apply to contractual employees beyond their contract duration if eligibility criteria are met, overriding any contractual limitations.
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....
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.
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.
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....
The Maternity Benefit Act, 1961 does not apply to government servants, and state policy restricting maternity leave for the third child is valid.
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....
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”.
The Maternity Benefit Act ensures that all female employees, regardless of their employment status, are entitled to maternity benefits, reinforcing the principle of non-discrimination.
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