Uttarakhand HC Strikes Down Rule Denying Maternity Leave For Third Child As Unconstitutional [Read Order]
6 years, 5 months ago

Uttarakhand HC Strikes Down Rule Denying Maternity Leave For Third Child As Unconstitutional [Read Order]

Live Law  

The Uttarakhand High Court on Monday struck down as unconstitutional a State rule denying maternity leave to female government employees for their third child.The order was issued by Justice Rajiv Sharma on a petition filed by one Ms. Urmla Masih, challenging the second proviso to Fundamental Rule 153 of the Financial Hand Book of the U.P. The Uttarakhand High Court on Monday struck down as unconstitutional a State rule denying maternity leave to female government employees for their third child. The order was issued by Justice Rajiv Sharma on a petition filed by one Ms. Urmla Masih, challenging the second proviso to Fundamental Rule 153 of the Financial Hand Book of the U.P. The petition was therefore allowed, with Justice Sharma ruling, "Thus, this Court is also of the considered view that second proviso of Fundamental Rule 153 is not in conformity with Section 27 of the Maternity Benefit Act, 1961 and is also against the spirit of Article 42 of the Constitution of India.

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History of this topic

U’Khand HC Denies Maternity Leave to Govt Employees for 3rd Child
5 years, 3 months ago

U’Khand HC Denies Maternity Leave to Govt Employees for 3rd Child

The Quint  

The single bench order had been delivered on a PIL filed by Haldwani-based nurse Urmila Masih challenging a government rule not to provide maternity leave to women in case of a third child. Citing the rules of the Act, Masih had said that the government's rule to not provide maternity benefits in case of a third child violates Article 42 …

Against state govt rule, Uttarakhand HC grants maternity leave for third child
6 years, 5 months ago

Against state govt rule, Uttarakhand HC grants maternity leave for third child

Hindustan Times  

Uttarakhand High Court has struck down a state government rule denying leave to women employees for the birth of their third child as “unconstitutional” and said it was against the “letter and spirit” of the Constitution that calls for “just and humane conditions of work and maternity relief”. Section 27 of the Act, 1961 does not prohibit, in any manner, …

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