Can’t deny women staff maternity leave, benefits on technical grounds: Madras HC

She was sanctioned maternity leave but on loss of pay citing the reason of not completing the mandatory number of days in work to become a permanent employee.
Image used for representational purpose only.
Image used for representational purpose only.

CHENNAI: A woman is not a pendulum and cannot be forced to swing between motherhood and employment, as maternity benefit relates to the dignity of a woman, said the Madras High Court while upholding an order of a single judge regarding maternity leave to an employee of TNSTC.

A division bench comprising justices S Vaidyanathan and Mohammed Shaffiq noted that the writ petitioner (B Rajeswari) had admittedly rendered sufficient days of service. Even assuming that there is a shortage of working days in the twelve months of a calendar year, the petitioner cannot be deprived of the welfare legislation and benefits on mere interpretation and technicalities. The court said the interpretation of law should not defeat the very purpose of a welfare scheme.

“The act of the employer (TNSTC) in depriving the maternity leave and other benefits to the writ petitioner is ex facie bad in law and the order dated August 8, 2014, passed by TNSTC has no legs to stand...,” the bench said in a recent order.

The matter related to providing maternity leave to Rajeswari who had joined as assistant engineer (AE) at Erode branch of TNSTC in 2013. She was sanctioned maternity leave but on loss of pay citing the reason of not completing the mandatory number of days in work to become a permanent employee.

However, a single judge, on her petition, found her eligible for claiming maternity leave with full benefits and directed the employer to treat the leave period as duty period and extend all service and monetary benefits.

Upholding the single judge’s order, the bench directed TNSTC to comply with the order within four months, failing which, it should pay a cost of `50,000 and recovered from the officers concerned.

Stressing the need for providing maternity leave to women, the bench stated the labour pain is measured by a mechanism/unit called ‘dol’ and a woman experiences 57 dol, which is similar to 20 bones getting fractured simultaneously.

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