Lawstreet Journal

Even contractual staff has the right and entitlement to maternity leave : Karnataka High Court

Lawstreet Journal 24 Feb 2021 2:23am

Image courtesy: Lawstreet Journal Judiciary Even contractual staff has the right and entitlement to maternity leave :  Karnataka High Court

A single bench of the Karnataka High Court with Justice M Nagaprasanna, allowed a women employed on a contractual basis to rejoin her services, adding “men who man such offices become insensitive to the issue of the kind that is alleged in the petition, it would become "power at wrong hands”

The court disallowed the notice issued to the woman by the Directorate of Municipal Administration which was to terminate her services. 

The Court, orderering in her favour, ruled that even a contractual staff has the right and entitlement for a maternity leave.The Court said, “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"

After the amendment of the Maternity Benefit Act in 2017, a pregnant woman was to be entitled to maternity leave for as long as 6 months and 15 days. 

This matter is to do with petitioner, B.S.Rajeshwari, who was appointed as a Information Officer for a project that started in 2009, contracts being renewed annually, the latest being from April 2019 to march 2020. The petitioner applied for a maternity leave which she was not granted and was still asked to report on her duties. On not reporting on her duties, an order… Continue Reading...

Tagged: Karnataka high court  
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