Sudhanshu Dhulia, J.

1. The petitioner is a woman employee working as Data Entry Operator on contractual basis with Uttarakhand Power Corporation Ltd. through outsourcing agency called ‘Uttarakhand Purva Sainik Kalyan Nigam Ltd.’ (in short ‘UPNL’). Since the petitioner was on her family way, therefore, she applied for maternity leave on 06.02.2016 from 08.02.2016 onwards and claims all maternity benefits, as provided under the Maternity Benefit Act, 1961, which have been denied to the petitioner on the ground that such benefits are not applicable in case of a contractual employee. Hence, she was constrained to file the present writ petition before this Court.

2. The Uttarakhand Power Corporation has filed its counter affidavit in this case, wherein the stand of the Power Corporation is that the salary cannot be given to the petitioner, since the bills have not been forwarded by the outsourcing agency UPNL to it. On the other hand, learned counsel for the UPNL – Mr. Neeraj Garg says that they are governed by Order dated 21.07.2014 by which such benefits are not given to a contractual employee.

3. Learned counsel for the petitioner would argue that this Court has already decid