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 held that even a contractual staff is entitled to maternity leave.
"..the petitioner was entitled to maternity leave of six months in all in terms of the amended Act of 2017 (supra). The action of the second respondent cannot be countenanced, as maternity or the Act does not classify or qualify a mother to be, a government servant, temporary employee, employee on contract basis or an employee on daily wages. The order impugned infers such an harrowing classification", the Court observed.
Read more from Live law
https://www.livelaw.in/news-updates/...h-court-170160
Moreover Honble Court ruled---Noting that it is a fit case where, apart from granting back wages to the petitioner, in the peculiar facts, the second respondent will have to be mulcted with exemplary costs, Justice Nagaprasanna imposed a cost of Rs 25,000 on the state government which has to be paid to the woman. Further, she has to be reinstated within two weeks to the post that she held earlier with 50% back wages from the date of cancellation of appointment till the date of reinstatement.
This is indeed a clear order/judgement.
From India, Pune
3131The Court held that even a contractual staff is entitled to maternity leave.
"..the petitioner was entitled to maternity leave of six months in all in terms of the amended Act of 2017 (supra). The action of the second respondent cannot be countenanced, as maternity or the Act does not classify or qualify a mother to be, a government servant, temporary employee, employee on contract basis or an employee on daily wages. The order impugned infers such an harrowing classification", the Court observed.
Read more from Live law
https://www.livelaw.in/news-updates/...h-court-170160
Moreover Honble Court ruled---Noting that it is a fit case where, apart from granting back wages to the petitioner, in the peculiar facts, the second respondent will have to be mulcted with exemplary costs, Justice Nagaprasanna imposed a cost of Rs 25,000 on the state government which has to be paid to the woman. Further, she has to be reinstated within two weeks to the post that she held earlier with 50% back wages from the date of cancellation of appointment till the date of reinstatement.
This is indeed a clear order/judgement.
From India, Pune
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Right to payment of maternity benefits.doc