Court Overrules 80-Day Work Requirement for Maternity Leave in State Government Establishments
In a significant ruling, the Madhya Pradesh High Court has set aside an order denying paid maternity leave to Dr. Priti Saket, a guest faculty member at Government Tilak PG College, Katni. The court held that the Maternity Benefit Act, 1961, entitles contractual employees in government establishments to paid maternity leave, overriding the 80-day work requirement in the preceding 12 months.
Presiding over the case, Justice Vishal Dhagat emphasized the broader interpretation of the term "establishment" under the Maternity Benefit Act, 1961, which includes government institutions. The judgment stated that the petitioner, Dr. Saket, is entitled to 26 weeks of paid maternity leave, with a breakdown of 8 weeks before and 18 weeks after the expected delivery date.
The court's decision came after Dr. Saket challenged an amended order dated June 16, 2023, which granted her maternity leave without honorarium. Dr. Saket, represented by advocates Shri. Hitendra Kumar Golhani and Ms. Kajal Vishwakarma, argued that the denial of paid leave was contrary to the provisions of the Maternity Benefit Act, 1961, as amended in 2017. The amendment mandates 26 weeks of paid leave for women employees.
The State's counsel, Shri. Kamal Singh Baghel, contended that the petitioner did not meet the 80-day work criterion stipulated in Section 5(2) of the Act. However, the court dismissed this argument, underscoring the State Government's obligation to adhere to Directive Principles of State Policy under Articles 38, 39, and 39A of the Indian Constitution. These articles focus on social justice and welfare, particularly for women and children.
The judgment clarified that while the 80-day work condition applies to other establishments, it does not bind State Government establishments. This decision underscores the State's responsibility to implement welfare policies and provide health-related measures for women workers.
The High Court directed that Dr. Saket receive paid leave for the stipulated 26 weeks, with the remainder of the leave period treated as unpaid. This landmark ruling reinforces the rights of contractual employees in government institutions, setting a precedent for similar cases in the future.
Bottom Line:
Maternity Benefit Act, 1961 - Guest faculty working on a contractual basis in a government establishment is entitled to paid maternity leave as per Section 5(1) of the Act, overriding the requirement of 80 days of work in the preceding 12 months in cases involving State Government establishments.
Statutory provision(s): Maternity Benefit Act, 1961, Section 5(1), Section 5(2); Constitution of India, Articles 38, 39, 39A
Dr. Priti Saket v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur) : Law Finder Doc id # 2878717
