2026:BHC-OS:5400-DB Digitally signed by MULEY MULEY SHUBHAM PRAVINRAO SHUBHAM PRAVINRAO D 20 a 2 te 6 : .02.27 1 J-WP-483-2025.doc

17:08:56 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 483 OF 2025 Dhanashri Ramesh Karkhanis Adult, Indian Inhabitant, Occupation: Doctor (Anesthesiologist)

Assistant Professor at Seth G.S. Medical College And K.E.M Hospital, Residing at 1101, Laxmi Niwas, Ram Maruti Road, Dadar (West), Mumbai 400028 ...Petitioner Versus

1. Municipal Corporation of Greater Mumbai, A Body Corporate and Planning Authority established under the Mumbai Municipal Corporation Act, 1888, through its Legal Department Having address at Mahapalika Building, Mahapalika Marg, CST, Mumbai 400001.

2. Seth G.S. Medical College and K.E.M.

Hospital, through its Dean, A Hospital and Medical College operated, administered and managed by the Municipal Corporation of Greater Mumbai situated at Acharya Donde Marg, Parel, Mumbai 400012.

3. State of Maharashtra Through the office of Government Pleader, (original Side), High Court, Bombay. ...Respondents WITH INTERIM APPLICATION NO. 812 OF 2025 IN WRIT PETITION NO. 483 OF 2025 -----------------

Mr. Subit Chakrabarti, a/w Ms. Chaitrika Patki, Ms. Khushnumah Banerjee and Ms. Aashka Vora i/b. Vidhii Partners for the Petitioner.

Mr. Chaitanya Chavan, a/w Ms. Rupali Adhate, i/b Ms. Komal Punjabi for Respondent Nos.1 & 2-BMC.

Mr. Himnashu Takke, AGP a/w Mr. Manish Upadhye, AGP for Respondent No. 3.

Dr. Harish Pathak, Dean, K.E.M. Hospital is present.

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CORAM : R. I. CHAGLA AND ADVAIT M. SETHNA, JJ.

RESERVED ON : 12 FEBRUARY, 2026 PRONOUNCED ON : 27 FEBRUARY, 2026 JUDGMENT:- (PER ADVAIT M. SETHNA, J.)

1. Rule. Rule made returnable forthwith with the consent of parties. The Petitioner has filed this Petition under Article 226 of the Constitution of India seeking the following substantive reliefs:-

“a) This Hon'ble Court be pleased to issue a writ of Certiorari or any other writ, order, direction in the nature of Certiorari, under Article 226 of the Constitution of India, calling for the records and proceedings in respect of the impugned communication dated 21st October 2024 (received on 22nd October 2024) [Exhibit-H] and after going through the legality, validity and propriety thereof, be pleased to quash and set aside the same;

b) That this Hon'ble Court may be pleased to issue a writ of Mandamus or any other appropriate writ, order or direction in the nature of Mandamus, under Article 226 of the Constitution of India, thereby directing the Respondent Nos. 1 and 2 to extend all benefits under the Maternity Benefit Act 1961 to the Petitioner forthwith.”

2. Apropos the above, we are in the present proceedings, called upon to examine and adjudicate a case of the Petitioner being a doctor and practicing anesthesiologist engaged as an Assistant Professor on contractual basis with Seth G. S. Medical College and K.E.M. Hospital (Respondent No.2), operating under the aegis of Municipal Corporation of Greater Mumbai (Respondent No.1). The Petitioner is fundamentally aggrieved by an impugned communication dated 21 October 2024 (“Impugned Communication” for short) by which the Respondent No. 2 refused the grant of maternity benefits in favour of the Petitioner. The reason as stated being that such benefits would not be available to contractual employees of the Respondent No. 1 – Corporation. Such rejection of the grant of maternity benefits to the Petitioner is to be tested under the canopy of the Maternity Benefit Act, 1961 (“the said Act” for short). We are dealing with a legislation which is enacted with an avowed object to guarantee maternity benefits to working women. The preamble to the said Act provides for regulation of employment of women in certain establishments with provisions for extending maternity benefits to them. The statutory provisions engrafted under the said Act ought to be read in light of such object and purpose sought to be ac