Can’t discriminate between regular, contractual employees for maternity leave: HC

Reinforcing the constitutional mandate of equality, the Punjab and Haryana High Court has held that contractual employees cannot be denied maternity benefits under the Maternity Benefit Act, 1961, solely on account of the nature of their appointment.

Justice Aman Chaudhary asserted: “To discriminate between women employees on the premise of the nature of their engagement/appointment, it being regular or contract, would be violative of Article 14 of the Constitution of India whereby equality before the law and equal protection of laws is ensured.”

Justice Chaudhary made it clear that the Maternity Benefit Act, 1961, was a beneficial piece of legislation designed to safeguard the rights of working women during pregnancy and motherhood and was enacted in consonance with Articles 39 and 42 of the Constitution.

The ruling came on a petition filed against Punjab and other respondents by Harpreet Kaur through counsel Manpreet Singh Bhatti. Among other things, Justice Chaudhary’s Bench was told that the petitioner was working as a clinic assistant empanelled under the Aam Aadmi clinic in Bathinda district.

She applied for maternity leave from June 20 to August 20, 2023, vide request letter dated May 16, 2023, to the Nodal Officer. She proceeded on leave “on oral orders of the Civil Surgeon”.

After giving birth to a baby girl, she requested to re-join but was at that point not permitted vide letter dated August 3, 2023. The District Nodal Officer, Aam Aadmi Clinic, Bathinda, however, issued a letter dated August 3, 2023, vide which the petitioner’s joining after the completion of maternity leave—earlier allowed by the Nodal Officer, Bathinda—was arbitrarily cancelled on the ground that the petitioner could not take leave for more than three days. The State counsel, during the course of hearing, told the Bench that she was, subsequently, allowed to re-join.  

Citing Section 27 of the Maternity Benefit Act, Justice Chaudhary asserted that the provisions of the Act overrode any inconsistent service contract. The court also referred to the Supreme Court’s rulings holding that the Act covered even daily wage workers. Reliance was also placed on another judgment, where the Apex Court extended maternity benefits to fixed-term employees beyond the tenure of their contract.