JUDGMENT

Hon'ble Rajiv Sharma, J.

Petitioner applied for maternity leave w.e.f. 30.06.2015 to 09.12.2015. The maternity leave was declined to the petitioner on the ground that she had already two living children, as such for third child the maternity leave could not be granted. It is in these circumstances, the present petition has been filed.

2. Section 27 of the Maternity Act, 1961 reads as under:-

“27. Effect of laws and agreements inconsistent with this Act.—

(1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the coming into force of this Act:

Provided that where under any such award, agreement, contract of service or otherwise, a woman is entitled to benefits in respect of any matter which are more favourable to her than those to which she would be entitled under this Act, the woman shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that she is entitled to receive benefits in respect of other matters under this Act.

(2) Nothing contained in this Act shall be construed