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WOMEN EMPLOYEES HAVE A RIGHT TO CLAIM MATERNITY LEAVE FOR 6 MONTHS: ALLAHABAD HIGH COURT

Team SoOLEGAL 24 Apr 2019 2:15pm

WOMEN EMPLOYEES HAVE A RIGHT TO CLAIM MATERNITY LEAVE FOR 6 MONTHS: ALLAHABAD HIGH COURT

District Basic Education Officer had rejected the petitioner's request for granting maternity leave for 180 days. Instead she was granted leave for 90 days only. Such granting of leave did not accompany any reasoning as to why she was not entitled to 180 days maternity leave.
This is the case of Anshu rani (Anshu Rani v. State of U.P). The Court was hearing the case wherein she preferred the writ of Mandamus be issued directing the District Basic Education Officer, Bijnor to grant the petitioner maternity leave with honorarium. 

The Court referred to Article (s) 14 (right to equality), 15(3) (Ensuring special provisions for women and children), 42 (Provision for just and humane conditions of work and maternity relief) and placed much reliance on it's own decision in Municipal Corporation of Delhi Vs. Female Workers (Muster Roll). In this case, it wasd held that in light of Universal Declaration of Human Rights and various provisions of the Constitution that

"To become a mother is the most natural phenomena in the life of a woman. Whatever is needed to facilitate the birth of a child to a woman who is in service, the employer has to be considerate and sympathetic towards her and must realize the physical difficulties which a working woman would face in per11 forming her duties at the work place while carrying a baby in the womb or while rearing up the child after birth. The Maternity Benefit Act, 1961 aims to provide all these facilities to a working woman in a dignified manner so that she may overcome the state of motherhood honourably, peaceably, undeterred by the fear of being victimised for forced absence during the pre or post-natal period." 

The Allahabad High Court, in the present case, has held that the petitioner was entitled to maternity leave for full period of six months as against only three months she was granted by District Basic Education Officer, Bijnor. The latter was directed to provide the petitioner woman employee maternity leave with honorarium with effect from 30.12.2018 to 31.3.2019. 

Tagged: Allahabad High Court   Maternity Leave   District Basic Education Officer Bijnor   Municipal Corporation of Delhi v Female Workers (Muster Roll)  
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