You can check this case similar to your case.
https://www.obhanandassociates.com/b...ual-employees/
Decision by the Court
The Court was of the view that maternity benefits are not merely a statutory benefit or a benefit flowing out of an agreement. This form of benefit is attached with the dignity of a woman. Justice A. Muhamed Mustaque while tracing the history of the Court, placed reliance on Mini vs. Life Insurance Corporation of India2 and Rakhi P.V. and Others vs. State of Kerala & Another3 (“Rakhi’s Case“) wherein it was held that a woman cannot be compelled to choose between motherhood and employment.
The Court further negated the contention of the Respondents which stated that since the Petitioner is a contractual employee, the Petitioner could claim a maximum of fifteen days of casual leave during the tenure of one year and abstention from duty on account of medical conditions of maternity.
The Court stressed on Rakhi’s Case, wherein it was held that women employees working on contractual basis cannot be denied maternity leave. The court stated that, ” In Rakhi’s case (supra) it was held that a woman employee cannot be denied maternity benefits merely because her status is a contractual employee. Therefore, the University is bound to grant such benefits notwithstanding anything contained in the agreement of contract.”
https://www.obhanandassociates.com/b...ual-employees/
Decision by the Court
The Court was of the view that maternity benefits are not merely a statutory benefit or a benefit flowing out of an agreement. This form of benefit is attached with the dignity of a woman. Justice A. Muhamed Mustaque while tracing the history of the Court, placed reliance on Mini vs. Life Insurance Corporation of India2 and Rakhi P.V. and Others vs. State of Kerala & Another3 (“Rakhi’s Case“) wherein it was held that a woman cannot be compelled to choose between motherhood and employment.
The Court further negated the contention of the Respondents which stated that since the Petitioner is a contractual employee, the Petitioner could claim a maximum of fifteen days of casual leave during the tenure of one year and abstention from duty on account of medical conditions of maternity.
The Court stressed on Rakhi’s Case, wherein it was held that women employees working on contractual basis cannot be denied maternity leave. The court stated that, ” In Rakhi’s case (supra) it was held that a woman employee cannot be denied maternity benefits merely because her status is a contractual employee. Therefore, the University is bound to grant such benefits notwithstanding anything contained in the agreement of contract.”
Hello Suresh,
There is nothing wrong in mentioning your observations. You just narrated what’s happening. I don’t think its aimed at to hurt anybody’s feelings except that ‘generalising’ your comments as if everybody behaving like what you said. There are many, innumerable exceptions & exemptions. Having worked in both govt./quasi-govt. & private sector for over 42 yrs I could find private sector far better in implementing labour laws than their counterparts in govt.sector. I’m sure, you don’t feel hurt, I’m sorry about that, if I’m little personal in my observation. As a son of a mother you are very much aware what pains a mother would have undergone- in safe conceiving of a fetus, giving birth to a healthy child, nursing the child from diseases, bringing up, taking more than enough care more than herself, meeting every need- even after grown up & get them married, repeating these same with much more care & love on grand children, till she dies. Not only that, in addition taking care of husband, other siblings, her kith & kin. Some under goes much more stress if the husband misbehaves, a drunken; tolerate & bear the onslaught of rogues in society. Not to end, on top of it she also earns for her own family and still cares & extend support her parents & siblings side by side. Not all that, she also should look beautiful & pleasant right from early morning, thru’ the day and satisfy her males in & outside, on the bed and still she should be fresh. Huf.. enough. I have no doubt, sure you are aware of all these. We used to know female of ‘weaker section’ but if you consider all what they undergo & perform mankind had to match them only by twining. Because of these governments across the globe enacted laws only to protect them and to facilitate in their natural phenomena. These type of enactments are only aimed at to partly compensate their physical deficiency and the troubles she is bearing from all around her, to protect in times of necessities. Viewing from this I feel it’s not right to question the enactments as somewhat undeserving & inequality. And therefore the 26 weeks ML is aptly justified. I think you must have comeacross, this is not followed by every employee. Young mothers are not allowed to resume their job after delivery/close of ML. Why this injustice?
Yes ofcourse, some, only some, don’t disclose their state of health while joining and after joining explore avenues to avail leave & other benefits. How can we ensure? pregnancy test? not at all. Also if some one plan her events that following why is’t wrong? All of us planning like this then why we should find fault with only pregnant employees? Within the framework of legal entitlements if they plan how we can brand them wrong? afterall it’s only lawful. Obviously when some employees avail leave of absence definitely administration will have to face certain inconveniences & arrange alternatives but it’s inevitable. Is this not happening if some one has to avail sick leave following an accident, aren't they allowed to work from home nowadays? Just because they are employed it doesn’t mean they shouldn’t mind risks to their health. When you are talking about ‘maid servants’, yes they are also deserving all benefits. But there is difference, in many cases they are either part-time or casual as and when required on hourly basis. Very small nos. only are full time workers. That doesn’t mean they shouldn’t be extended such benefits. There are also some enactments started to govern their services it's not strictly implemented thou. We have to go by social set up and abide by law in vogue. Is’t the only aberration what we notice? There are many such things, are we or can we afford to sensitive to all of these? There is a way of life, swimming along the tide that’s what we do. Questions can be raised that’s also part of life. We express our opinions, views and observations there is nothing to feel bad about it. So long as it’s not abusive we are saved. I hope I said nothing wrong here. Let's save womenhood, they are the back bone of our land if not the humanity. Thanks for your read.
From India, Bangalore
1077There is nothing wrong in mentioning your observations. You just narrated what’s happening. I don’t think its aimed at to hurt anybody’s feelings except that ‘generalising’ your comments as if everybody behaving like what you said. There are many, innumerable exceptions & exemptions. Having worked in both govt./quasi-govt. & private sector for over 42 yrs I could find private sector far better in implementing labour laws than their counterparts in govt.sector. I’m sure, you don’t feel hurt, I’m sorry about that, if I’m little personal in my observation. As a son of a mother you are very much aware what pains a mother would have undergone- in safe conceiving of a fetus, giving birth to a healthy child, nursing the child from diseases, bringing up, taking more than enough care more than herself, meeting every need- even after grown up & get them married, repeating these same with much more care & love on grand children, till she dies. Not only that, in addition taking care of husband, other siblings, her kith & kin. Some under goes much more stress if the husband misbehaves, a drunken; tolerate & bear the onslaught of rogues in society. Not to end, on top of it she also earns for her own family and still cares & extend support her parents & siblings side by side. Not all that, she also should look beautiful & pleasant right from early morning, thru’ the day and satisfy her males in & outside, on the bed and still she should be fresh. Huf.. enough. I have no doubt, sure you are aware of all these. We used to know female of ‘weaker section’ but if you consider all what they undergo & perform mankind had to match them only by twining. Because of these governments across the globe enacted laws only to protect them and to facilitate in their natural phenomena. These type of enactments are only aimed at to partly compensate their physical deficiency and the troubles she is bearing from all around her, to protect in times of necessities. Viewing from this I feel it’s not right to question the enactments as somewhat undeserving & inequality. And therefore the 26 weeks ML is aptly justified. I think you must have comeacross, this is not followed by every employee. Young mothers are not allowed to resume their job after delivery/close of ML. Why this injustice?
Yes ofcourse, some, only some, don’t disclose their state of health while joining and after joining explore avenues to avail leave & other benefits. How can we ensure? pregnancy test? not at all. Also if some one plan her events that following why is’t wrong? All of us planning like this then why we should find fault with only pregnant employees? Within the framework of legal entitlements if they plan how we can brand them wrong? afterall it’s only lawful. Obviously when some employees avail leave of absence definitely administration will have to face certain inconveniences & arrange alternatives but it’s inevitable. Is this not happening if some one has to avail sick leave following an accident, aren't they allowed to work from home nowadays? Just because they are employed it doesn’t mean they shouldn’t mind risks to their health. When you are talking about ‘maid servants’, yes they are also deserving all benefits. But there is difference, in many cases they are either part-time or casual as and when required on hourly basis. Very small nos. only are full time workers. That doesn’t mean they shouldn’t be extended such benefits. There are also some enactments started to govern their services it's not strictly implemented thou. We have to go by social set up and abide by law in vogue. Is’t the only aberration what we notice? There are many such things, are we or can we afford to sensitive to all of these? There is a way of life, swimming along the tide that’s what we do. Questions can be raised that’s also part of life. We express our opinions, views and observations there is nothing to feel bad about it. So long as it’s not abusive we are saved. I hope I said nothing wrong here. Let's save womenhood, they are the back bone of our land if not the humanity. Thanks for your read.
From India, Bangalore
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Grant of Maternity Benefit Leave to Women Employees Engaged under Outsourcing Policy in Haryana.pdf