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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
MANISH MATHUR
Taru Kashyap – Appellant
Versus
Union of India through Deputy Secretary, New Delhi – Respondent
| Table of Content |
|---|
| 1. challenge to the denial of maternity leave. (Para 2 , 3) |
| 2. arguments on applicability of maternity benefit act. (Para 4 , 5) |
| 3. court’s analysis on applicability of the act. (Para 6 , 7 , 8 , 9 , 10) |
| 4. conflicts between contract terms and statutory provisions. (Para 11 , 12 , 13 , 14) |
| 5. interpretation of maternity benefit rights. (Para 15 , 16 , 17 , 18) |
| 6. conclusion and directive to provide maternity benefits. (Para 19 , 20 , 21) |
JUDGMENT :
Manish Mathur, J.
1. Heard Mr. Devak Vardhan, learned counsel for petitioner and Ms. Harsha Yadav, learned counsel for opposite parties.
2. Petition has been filed challenging Clause 7 of the engagement letter dated 02/03.09.2021 to the extent it denies maternity leave to female employees in the establishment. Quashing of order dated 03.05.2023 granting matrimonial leave to petitioner without pay has also been sought alongwith a direction to concerned authority to grant maternity benefit to petitioner with full wages as applicable.
3. It has been submitted that petitioner was initially engaged on contractual basis on the post of Special Educator vide letter dated 08.10.2020 on a fixed honorarium for a period of 89 days. It is submi
Statutory maternity benefits under the Maternity Benefit Act, 1961, apply to contractual employees, overriding specific prohibitions in employment contracts, affirming the right to maternal health pr....
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 ....
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....
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 are entitled to maternity benefits extending beyond the contractual period, as per the Maternity Benefit Act, recognizing women's rights irrespective of employment status.
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 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 main legal point established in the judgment is the entitlement of female employees to maternity benefits under the Maternity Benefits Act, 1961, and the prohibition of discrimination based on em....
Contractual employee - Grant of maternity benefit - Maternity Act, 1961 aims to provide all these facilities to a working woman in a dignified manner so that she may overcome the state of motherhood ....
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