AI Overview...
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Woman on Maternity Leave Transfer is Violative - Transfers during maternity leave, especially when arbitrary or without proper notice, are considered discriminatory and violate constitutional rights. Courts have dismissed claims where transfers were found to be arbitrary, unreasonable, or discriminatory, violating Articles 14 and 16 of the Constitution. Such actions undermine equality before the law and are thus unlawful Meenakshi Devi vs Union Territory of Jammu and Kashmir through Commissioner/Secretary to Government Higher Education Department Civil Secretariat, Jammu/Srinagar - Central Administrative Tribunal, VANDANA KHATRI W/O NISHANT SHARDA vs UNION OF INDIA - Gujarat.
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Discrimination in Maternity Benefits - Women cannot be discriminated against regarding maternity benefits, including transfers or repatriation during leave, especially if such actions are arbitrary or violate procedural safeguards. The law emphasizes non-discrimination based on gender or circumstances like surrogacy or adoption Sushma Devi VS State of Himachal Pradesh - Himachal Pradesh, Meenakshi Devi vs Union Territory of Jammu and Kashmir through Commissioner/Secretary to Government Higher Education Department - Central Administrative Tribunal.
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Transfer During Maternity Leave - Transfers or repatriations during maternity leave, if done without proper notice or in violation of employment laws, are unlawful. Courts have held that such actions are illegal if they are arbitrary or violate the employee's rights, including the right to maternity benefits VANDANA KHATRI W/O NISHANT SHARDA vs UNION OF INDIA - Gujarat.
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Maternity Benefits for Surrogacy - Maternity leave can be granted to women who have children through surrogacy, subject to specific rules and conditions. The Rajasthan Service Rules, 1951, and similar regulations provide for such benefits, emphasizing the right to maternity leave irrespective of the method of childbirth Chanda Keswani W/o Shri Bhupesh Datwani VS State of Rajasthan - Rajasthan.
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Legal Protections and Court Interventions - Courts have intervened in cases where transfers or repatriations during maternity leave were conducted unlawfully, emphasizing adherence to procedural fairness and legal provisions. Orders have been quashed when transfers were found to be arbitrary or without proper authority A. Rama Rani VS Secretary, A. P. Residential Education Institute (APREI), hyd - Andhra Pradesh, Meenakshi Devi vs Union Territory of Jammu and Kashmir through Commissioner/Secretary to Government Higher Education Department Civil Secretariat, Jammu/Srinagar - Central Administrative Tribunal.
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Conclusion - Transfers of women employees during maternity leave, especially when arbitrary or discriminatory, are violative of constitutional protections and employment laws. Employers must ensure fairness, proper notice, and legal compliance to avoid violations of women's rights during maternity leave.
Search Results for "Woman on Maternity Leave Transfer is Violative"
2024 Supreme(Online)(CAT) 16142 • India - Central Administrative Tribunal
Mr. R S Dogra, J
1 to 34, 61 to 63) ... ... (B) Employment Law - Equal protection under the law - The court dismissed claims for maternity ... The decision to deny the maternity leave to the petitioner was arbitrary, thus, violative of Articles 14 and 16 of the Constitution ... It is discriminatory, unreasonable and violative of equality before the law meaning thereby it is violative of Article 14 of t....
2021 0 Supreme(HP) 14 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN, SANDEEP SHARMA
leave - Woman cannot be discriminated, as far as maternity benefits are concerned, only on ground she has obtained the baby through ... Government issued vide Finance Department - Maternity leave is admissible on adoption of a child as per Rule days - reproduction ... Constitution of India,1950 - Articles 14,15, 41, 42, 38, 43 and 39 - Maternity Act - Section 2 - Maternity#HL_....
2024 Supreme(Online)(CAT) 4657 • India - Central Administrative Tribunal
Mr. Rajinder Singh Dogra, J, Mr. B. Anand, A
or academic arrangements to maternity benefits - Court directed that benefits under the Maternity Benefit Act be available to such ... (Paras 1-32) ... ... (B) Maternity benefits - Entitlement of employees appointed on contractual ... The decision to deny the maternity leave to the petitioner was arbitrary, thus, violative of Articles 14 and 16 of the Constitution ... It is discriminat....
2023 0 Supreme(Raj) 1357 • India - Rajasthan
ANOOP KUMAR DHAND
Maternity Leave - Surrogacy - Rajasthan Service Rules, 1951 - Rule 103 of the Rules of 1951 - Maternity leave may be granted to ... Rules, 1951 for granting maternity leave to the mother who got children through surrogacy. ... However, if there is no surviving child even after availing it twice Maternity Leave may be granted on one more occasion. ... A....
2021 0 Supreme(Ker) 1055 • India - Kerala
M.R.ANITHA
should be made if it is in the interest of the child while determining the question whether subjecting a person to a medical test is violative ... Protection of Woman from Domestic Violence Act, 2005 – Section 12 - Sections 18, 19, 20 and 22 - Seeking ... DNA test for proving the paternity of the 2nd respondent – No evidence to prove the marriage - whether any interference is called ... should be made if it is in the interest of the child w....
1981 0 Supreme(SC) 403 • India - Supreme Court
S.MURTAZA FAZAL ALI, A.N.SEN, A.V.VARADARAJAN
The said entire period will be treated as leave without pay subject to the air hostess being entitled to maternity leave with pay ... as their Head offices are at Bombay,), she is entitled to certain benefits including maternity leave. ... After hearing the transfer petition this Court by its Order dated 21-1-81 allowed the petition and directed that the transfer petiti....
2017 0 Supreme(Del) 3341 • India - Delhi
GITA MITTAL, C.HARI SHANKAR
The petitioners alleged that the transfer of medical colleges and institutions to State governments was contrary to the statutory ... petition was filed to ensure compliance with the mandate of the Employees’ State Insurance Act, 1948 (ESI Act) and to challenge the transfer ... ESIC's actions were without jurisdiction, contrary to law, and illegal as there was no provision in the ESI Act enabling the ESIC to transfer ... (BPCL) to private p....
• India - High Court of Gujarat
MS. JUSTICE SONIA GOKANI, MR. JUSTICE HEMANT M. PRACHCHHAK, JJ
... ... Facts of the case: ... The petitioner, after applying for maternity leave, was unexpectedly repatriated during her leave ... ... ... (B) Employment Law - Provisions regarding maternity leave, duty of notice before repatriation - Non-compliance declared as ... ... ... Issues: The legality of the repatriation order during maternity leave and adherence to adm....
1996 0 Supreme(AP) 722 • India - Andhra Pradesh
T.N.C.RANGA RAJAN
TRANSFER OF TEACHERS - HUSBAND AND WIFE - POSTING IN SAME PLACE - LEGITIMATE EXPECTATION - FAIR HEARING - TRANSFER ORDER QUASHED ... : Transfer of Teachers - Husband and Wife - Posting in Same Place - Legitimate Expectation - Fair Hearing - Transfer Order Quashed ... Whether the transfer order was arbitrary and without notice? 2. ... I am, therefore, convinced that the impugned order was untenable and it ....
2003 0 Supreme(Kar) 338 • India - Karnataka
K.RAMANNA, S.R.NAYAK
has resigned even though the employee has put in required service prescribed under the relevant Regulations or the Rules, will be violative ... Benefit Act, 1961, which makes the employer liable for the payment of maternity benefit to a woman worker at the rate of the average ... has resigned even though the employee has put in required service prescribed under the relevant Regulations or the rules, will be violative ... i....
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