Employer can’t deprive Contractual employee from maternity benefits or rights: Delhi HC
The petitioner's employer was deemed to have unfairly terminated her while she was on maternity leave without giving her any prior notice by the court.
Employer can’t deprive Contractual employee from maternity benefits or rights held by Justice Chandra Dhari Singh of Delhi HC
The Delhi High Court emphasized the importance of maternity rights by stating that no woman employee can be denied this right due to the kind of job. In this instance, a female attendant was employed on a temporary basis in a hostel for Delhi University.
Her appeal claims that her contract was extended by six months, from July 2 to December 31, 2022. She requested maternity leave during this time, which the authorities approved and scheduled from 5 May to 4 November.
Nevertheless, the woman was not paid while she was on maternity leave. She then received word that her position had been terminated and that a permanent replacement had been found.
She added that despite her repeated approaches to the relevant authorities, nothing was done.
The institution in question had unfairly terminated the petitioner without providing any prior notice, the court said after analyzing the case. The bench further pointed out that depriving people of these benefits is cruel and goes against their fundamental rights.
Justice Chandra Dhari Singh said in a bench of one judge that the petitioner was only made aware of the abrupt termination of her employment when she returned to the respondent institution following her maternity leave.
As a result, the High Court ordered the government to re-hire the woman in her previous position or any other position for which she is qualified, and it also ordered the government to pay out the maternity benefits in compliance with the 1961 Act within a four-week period. The court also awarded the petitioner a Rs. 50,000 compensation.
The Delhi High Court has already made decisions in favor of pregnant women. The petitioner in the prior case worked for the Delhi State Legal Services Authority (DSLSA) on a contractual basis as an empanelled lawyer.
Her employer had refused to provide maternity leave benefits. She appealed the organization’s denial of her request to the Delhi High Court, where she filed a petition to provide maternity benefits to contractual staff.
Justice Chandra Dhari Singh made a ruling after the court hearing, emphasizing the significance of developing a friendly workplace that enables women to make decisions without compromising their career or motherhood objectives.
The court further found that maternity benefits are not merely a subject of legal entitlement or a matter of an employer-employee contract. Instead, when a woman decides to start a family and become a mother, they become an integral and important part of her identity and dignity.
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