Back
J. J. MUNIR
Shilpi, Class III (Cashier) – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
J.J. Munir, J.
1. This writ petition is directed against an order dated 25.8.2023 passed by the Chief Executive Officer/Secretary of the District Cooperative Bank Ltd., Kanpur, rejecting the petitioner's application for grant of maternity leave and notified by an order of the said date, issued by the Deputy General Manager (Administration), District Cooperative Bank Ltd., Kanpur.
2. The petitioner is a Cashier, a Class-III employee with the District Cooperative Bank Ltd., Kanpur (for short, 'the Bank'). She is posted with Branch Akbarpur, District Kanpur Dehat. The petitioner was appointed vide letter of appointment dated 22.6.2016 and has been working eversince. She moved an application on 18.8.2023 to the Secretary/Chief Executive Officer of the Bank, requesting grant of maternity leave. The said application was forwarded by the competent Authority to the Secretary/Chief Executive Officer of the Bank for consideration. The petitioner's application was rejected by the Secretary/Chief Executive Officer vide order dated 25.8.2023, citing the reason that under the Uttar Pradesh Employees Service Regulations read with Rules 101 and 153 of Chapter III, Volume II, Parts 2-4 of t
The Maternity Benefit Act, 1961 prevails over conflicting state regulations, affirming women's fundamental right to maternity leave.
The Maternity Benefit Act, 1961 prevails over the Financial Handbook's provisions, allowing second maternity leave regardless of a two-year gap requirement.
The Maternity Benefit Act, 1961 does not apply to government servants, and state policy restricting maternity leave for the third child is valid.
Point of Law : Act of 1961 was enacted to secure women's right to pregnancy and maternity leave and to afford women with as much flexibility as possible to live an autonomous life, both as a mother a....
An alternate efficacious remedy though available has not been resorted to by the petitioner and hence the writ petition is not maintainable.
The main legal point established in the judgment is the entitlement of a female government servant to maternity leave under Rule 43 of the Central Civil Services (Leave) Rules 1972, emphasizing a pur....
The Maternity Benefit Act has an overriding effect as per Section 27, and the applicability of other laws to an establishment must be carefully considered.
The court established that maternity leave regulations should be interpreted liberally to support women's rights, emphasizing that eligibility criteria should consider only children born during the s....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
