Contractual Workers Also Entitled To Benefits Under The Maternity Benefits Act: MP HC [Read Order]
7 years, 10 months ago

Contractual Workers Also Entitled To Benefits Under The Maternity Benefits Act: MP HC [Read Order]

Live Law  

The Madhya Pradesh High Court, in the case of Smt. Archana Pandey vs The State Of Madhya Pradesh, held that maternity leave should be granted to contractual employees, at par with regular employees.In the present case, the state was denying maternity leave relying on the Contract of Appointment which stated that maternity leave can be granted to contractual workers only upon the completion on. Archana Pandey vs The State Of Madhya Pradesh, held that maternity leave should be granted to contractual employees, at par with regular employees. In the present case, the state was denying maternity leave relying on the Contract of Appointment which stated that maternity leave can be granted to contractual workers only upon the completion on one year of service. Relying on similar judgments of other High Courts, the court noted that not granting maternity leave benefits to contractual employees would run contrary to the legislative mandate.

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History of this topic

Rajasthan High Court Grants Relief To Contractual Employee Who Was Given Only 2 Months Maternity Leave In 2008
2 weeks, 1 day ago

Rajasthan High Court Grants Relief To Contractual Employee Who Was Given Only 2 Months Maternity Leave In 2008

Live Law  

While reiterating that discriminating between regular females employees and those on contractual basis, by denying complete 180 days of maternity leaves to the latter was violative of Article 14 and 21, Rajasthan High Court directed the State to pay additional salary of remaining period to the petitioner who was granted only 2 months' maternity leave when applied for in 2008. …

High Court Rules in Favor of Maternity Benefits for Contractual Employees
5 months ago

High Court Rules in Favor of Maternity Benefits for Contractual Employees

Live Law  

The Madras High Court has ruled that the provisions of the Maternity Benefits Act would prevail over any contractual conditions set up by the employer to deny maternity benefits to a woman. The court held that the benefits of the Maternity Benefits Act would be applicable to contractual employees and the employer could not rely on the contract of employment …

Dismissal Of Woman During Her Absence From Employment Or Pregnancy Has To Be Dealt By Prescribed Authority Under Maternity Benefit Act: Madhya Pradesh High Court
10 months, 3 weeks ago

Dismissal Of Woman During Her Absence From Employment Or Pregnancy Has To Be Dealt By Prescribed Authority Under Maternity Benefit Act: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court single bench of Justice Subodh Abhyankar held that dismissal of a woman during her absence from employment or pregnancy has to be dealt by the prescribed authority only, before whom, an efficacious alternative remedy, by way of an appeal, as provided under the Maternity Benefit Act, 1961 lies. In considering the legality of dismissing a …

Duty Of Labour Commissioner To Refer Application For Maternity Benefits To Inspector Even If Erroneously Submitted: Madhya Pradesh High Court
10 months, 3 weeks ago

Duty Of Labour Commissioner To Refer Application For Maternity Benefits To Inspector Even If Erroneously Submitted: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court single bench of Justice Subodh Abhyankar held that even if the application for maternity benefits was erroneously submitted by an employee before the Labour Commissioner, it is the duty of the Commissioner to refer the same to the Inspector as provided under Section 17 of the Maternity Benefit Act, 1961 Brief Facts: The Petitioner, employed …

Pregnant Working Women Entitled To Maternity Benefits, Can’t Be Barred Solely Due To Nature Of Employment: Delhi High Court
1 year, 7 months ago

Pregnant Working Women Entitled To Maternity Benefits, Can’t Be Barred Solely Due To Nature Of Employment: Delhi High Court

Live Law  

The Delhi High Court has observed that pregnant working women are entitled to maternity benefits and cannot be denied reliefs under the Maternity Benefit Act, 2017, solely due to the nature of their employment. “There is nothing in the language of the Act or in its provisions which suggests that a working expecting woman would be barred from getting the …

Maternity Leave Is A Fundamental Human Right; Its Denial Violate Articles 29, 39 Of Constitution : Himachal Pradesh High Court
1 year, 9 months ago

Maternity Leave Is A Fundamental Human Right; Its Denial Violate Articles 29, 39 Of Constitution : Himachal Pradesh High Court

Live Law  

Maternity leave aims to protect the dignity of motherhood and ensure the well-being of both the woman and her child, a bench of Justices Tarlok Singh Chauhan and Virender Singh remarked. The Himachal Pradesh High Court has reiterated that every woman, irrespective of her employment status, is entitled to maternity leave. Administrative Tribunal whereby the respondent had been granted the …

Doctors appeal for maternity benefits
2 years, 2 months ago

Doctors appeal for maternity benefits

The Hindu  

The Legal Coordination Committee for government doctors has urged the State government to immediately provide maternity benefits to its doctors. According to them, 40 women doctors who had completed their postgraduate medical studies in the State had not received their maternity leave benefits since 2018. The LCC termed this as “inhumane” and said that an Order permits competent authority to …

Can't Deny Maternity Benefits On Technicalities, Woman Cannot Be Forced To Swing Between Motherhood And Employment: Madras High Court
2 years, 2 months ago

Can't Deny Maternity Benefits On Technicalities, Woman Cannot Be Forced To Swing Between Motherhood And Employment: Madras High Court

Live Law  

While dismissing an appeal preferred by Tamil Nadu State Transport Corporation against a single judge order directing the organization to pay maternity benefits to a temporary employee, the Madras High Court recently held that welfare legislation like the Maternity Benefits Act cannot be denied merely on the basis of technicalities.welfare legislation and the benefits cannot be deprived on. While dismissing …

Maternity leave right cannot be taken away if availed earlier for non-biological kids: Supreme Court
2 years, 7 months ago

Maternity leave right cannot be taken away if availed earlier for non-biological kids: Supreme Court

India TV News  

Maternity leave right cannot be taken away if availed earlier for non-biological kids: Supreme Court Maternity leave news: The court said the rules on maternity benefits are formulated in terms of the provisions of Article 15 of the Constitution under which the State can adopt a provision for the protection of the interest of the women. Highlights Maternity leave is …

Ad-Hoc Employee Entitled To Maternity Benefits Beyond The Term Of Contract For Pregnancy During Contractual Period : Delhi High Court
3 years ago

Ad-Hoc Employee Entitled To Maternity Benefits Beyond The Term Of Contract For Pregnancy During Contractual Period : Delhi High Court

Live Law  

In a significant judgment that can come to the aid of women who are employed on contractual basis, the Delhi High Court has held that an ad-hoc employee will be entitled to maternity benefits under the Maternity Benefits Act, 1961, beyond the period of the contract, for a pregnancy occurring during the tenure of the employment.Since the object of the …

'No Discrimination Must Be Made Between Regularised And Non-Regularised Government Staff While Granting Maternity Leave': Madras High Court
3 years, 7 months ago

'No Discrimination Must Be Made Between Regularised And Non-Regularised Government Staff While Granting Maternity Leave': Madras High Court

Live Law  

The Madras High Court observed on Thursday that there cannot be any discrimination between regularised and non-regularised married women Government servants with regards to availing the benefits of maternity leave. The Court made the observation while issuing notice on a Public Interest Litigation moved by Advocate C Rajaguru seeking the Court's directions in order to ensure that the Public Health …

MP: HC Grants Maternity Leave Benefit to Contractual Woman Employee of State Department
3 years, 7 months ago

MP: HC Grants Maternity Leave Benefit to Contractual Woman Employee of State Department

News 18  

The Madhya Pradesh High Court has directed the public health engineering department of the state to provide maternity leave benefit to a contractual woman employee. In its order passed on Thursday, a single bench of Justice Vishal Dhagat said, “In view of the circular of the state government, I do not see any reason not to extend the similar benefit …

Maternity Benefits Cannot Be Denied To Contractual Employee : Karnataka High Court Directs Reinstatement Of Mother
4 years, 1 month ago

Maternity Benefits Cannot Be Denied To Contractual Employee : Karnataka High Court Directs Reinstatement Of Mother

Live Law  

The Karnataka High Court recently quashed a notice issued by the Directorate of Municipal Administration by which it terminated the services of a woman employed on contract basis, after rejecting her application seeking maternity leave. The Court noted that after the 2017 amendment to the Maternity Benefit Act, a pregnant woman is entitled to maternity leave for a period 26 …

Against state govt rule, Uttarakhand HC grants maternity leave for third child
6 years, 7 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, …

Contract Employees In Govt Establishments Entitled To Maternity Leave At Par With Govt Servants: Kerala HC [Read Judgment]
7 years ago

Contract Employees In Govt Establishments Entitled To Maternity Leave At Par With Govt Servants: Kerala HC [Read Judgment]

Live Law  

The High Court of Kerala has held that contract employees in government-funded establishments are entitled to maternity leave in the same manner as government servants. Rejecting the contentions of the government, the court held that limiting maternity leave to only 90 days amounted to discrimination against woman employees only for the reason that they are engaged in projects in contractual …

Ensure Women Employees Get Child Care Leave: MP HC Asks State [Read Order]
7 years, 3 months ago

Ensure Women Employees Get Child Care Leave: MP HC Asks State [Read Order]

Live Law  

The Madhya Pradesh High Court has directed the Chief Secretary of the state government to issue directions to all concerned to ensure that women employees get child care leave.The court took a tough view on a petition filed by a woman employee seeking direction to the authorities to grant her child care leave.Issuing directives to the Chief Secretary of the …

Ensure Women Employees Get Child Care Leave: MP HC Asks State [Read Order]
7 years, 3 months ago

Ensure Women Employees Get Child Care Leave: MP HC Asks State [Read Order]

Live Law  

The Madhya Pradesh High Court has directed the Chief Secretary of the state government to issue directions to all concerned to ensure that women employees get child care leave.The court took a tough view on a petition filed by a woman employee seeking direction to the authorities to grant her child care leave.Issuing directives to the Chief Secretary of the …

Govt. Resolution Extending The Benefit Of Maternity Leave To Contractual Employees Has No Retrospective Effect: Bombay HC [Read Judgment]
7 years, 5 months ago

Govt. Resolution Extending The Benefit Of Maternity Leave To Contractual Employees Has No Retrospective Effect: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has dismissed a petition filed by a 35-year-old woman from Navi Mumbai who sought quashing of her termination as document consultant in the Government of India funded Water and Sanitation Support Organization under National Rural Drinking Water Programme in the Water Supply and Sanitation department, Government of Maharashtra.The petitioner was terminated as. The Bombay High Court …

Maternity benefit law gets President’s assent, woman employees now entitled to 26 weeks’ leave
7 years, 11 months ago

Maternity benefit law gets President’s assent, woman employees now entitled to 26 weeks’ leave

India TV News  

President Pranab Mukherjee today gave his nod to the Maternity Benefit Act, 2017, enabling women employees to get paid maternity leave of 26 weeks, up from 12 weeks. The law also allows maternity leave of 12 weeks for a woman who adopts a child below the age of three months, and for commissioning mother. A woman with two or more …

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