Temporary and contract women employees are entitled to maternity benefits under the Maternity Benefit Act regardless of technical breaks in service.

ORAL JUDGMENT :- (Per M.S. Karnik, J.)

1. Heard learned counsel for the petitioner.

2. By this petition, the petitioner prays for direction to the respondents to grant / extend the maternity leave beneits to the petitioner as demanded by the petitioner vide Demand Application dated 28^th May 2021 which is at Exh.C to the petition.

3. At the outset, we must note that the learned AGP made an attempt to adjourn the matter so as to enable her to ile aidavit-in- reply on behalf of the respondents. In this context, we must reproduce the order dated 14^th November 2025 passed by this Court. The relevant portion of the order reads thus :-

“2. By order dated 20th August, 2025, the respondents were granted two weeks time to ile aidavit in reply. In fact, it was speciically stated that if the aidavit-in-reply is not iled within a period of two weeks, considering the nature of the controversy involved in the present petition, this Court may be inclined to hear the petitioner on the basis of uncontroverted averments made in the present petition and pass appropriate orders.

3. We enquired with the learned AGP as to why the aidavit in reply is not iled. Learned AGP submitted that the order was communicated along with the draft of the aidavit in reply to the concerned, however there is no response.

4. In this view of the matter, we have no option but to proceed with the hearing of the petition on its own merits.”

4. Even to this date, no aidavit-in-reply has been iled. Learned AGP submitted that the draft of the aidavit-in-reply was already forwarded to the concerned and the same is pending for approval till date. We now, therefore, have no other option but to proceed to hear the petition on merits, considering the nature of reliefs prayed for in the petition. The last follow-up by the learned AGP is stated to be on 17^th November 2025. Thus, ample opportunities have been given to the respondents to ile the reply.

5. The facts of the case in brief are that the petitioner is working with respondent No.3 – The Dean, Rajarshree Chhatrapati Shahu Maharaj Government Medical College, Kolhapur as Assistant Professor on temporary basis since 21^st September 2018 on a temporary post of Assistant Professor in Obstetrics and Gynaecology Department. Since 21^st September 2018 the petitioner has been working continuously and uninterruptedly. In May 2021, the petitioner was 8 and ½ months pregnant and, therefore, was entitled to get the beneits of maternity leave.

6. On 7^th May 2021, the petitioner made an application to the Department of Obstetrics and Gynaecology of the respondent No.3 and requested to extend the beneits of maternity leave to the petitioner. The said application was forwarded to the respondent No.3 vide letter dated 10^th June 2021 for necessary action. The petitioner made similar application on 28^th May 2021 and requested the respondent No.3 to extend the beneits of maternity leave. The petitioner in the application, relied upon the decision of the Hon’ble Supreme Court in Municipal Corporation of Delhi Vs. Female Workers (Muster roll) and Anr. (Special Leave Petition (Civil) No.12797 of 1998) dated 8^th March 2000, and several other cases.

7. The respondent No.3 forwarded the said proposal to the respondent No.2 - The Director, Medical Education and Research, Mumbai, vide letter dated 16^th June 2021 and requested respondent No.2 to issue necessary guidance for issuance of maternity leave beneit to the petitioner.

8. The period of maternity leave, which the petitioner sought was from 8^th May 2021 to 16^th September 2021 i.e. for total a 131 days. According to the petitioner, the beneit of maternity leave comes to Rs. 4,36,666/-, which has not been paid to her. The said period was treated as leave without pay. The petitioner has produced on record an Experience Certiicate dated 6^th March 2025 issued by the Dean of the respondent No.3 – Government Medical College certifying that the petitioner is working in the respondent No.3 college as Assistant Professor