NEW DELHI: While observing maternity rights as an integral part of the identity of a woman, the Delhi High Court said maternity benefits cannot be denied to a female employee merely because the nature of such employment is contractual.
In a recent order, Justice Chandra Dhari Singh said, "Denial of such rights is in fact standing in the way of a woman choosing to bring life into the world, thereby violating her fundamental right to life. Such denial is indeed against the principle of social justice."
The high court order said, "Denial of the said benefits is inhumane and in violation of Fundamental Rights. Maternity rights are not something that is based on a statute but stands to be an integral part of the identity of a woman."
The observations of the single-bench judge came while it was dealing with a plea moved by a female attendant at a hostel of Delhi University who was appointed on an ad-hoc basis.
As per the plea, her contractual term got renewed for a period of six months-- July 2 to December 31 last year. In the meantime, she applied for maternity leave with effect from May 5 to November 4 which was approved by the authorities.
However, the woman did not receive the salary during this time of her maternity leave. Later she was informed that her services had been terminated and she had been permanently replaced from the job.
She was approaching the high court as there was no action on behalf of the authorities despite her several representations to them. Advocates Chandrika Mishra, Prashasti Singh, and Richa Rajesh appeared for the petitioner woman.
Going through the submissions and records of the case, the high court noted that the respondent institution had wrongly terminated the petitioner (woman), as there was no notice issued to the petitioner before her services were concluded.
"Moreover, the petitioner was apprised of the sudden conclusion of her services only when she rejoined the respondent institution upon the lapse of her maternity period," the high court said.
Accordingly, allowing the petition, the high court directed the authorities to reinstate the woman on her previous post or any other post as per her eligibility and directed her to pay the maternity benefits as per the Act, 1961 within four weeks. The court also allowed a compensation of Rs.50,000 to the petitioner.