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Decision by the Court
The Court was of the view that maternity benefits are not merely a statutory benefit or a benefit flowing out of an agreement. This form of benefit is attached with the dignity of a woman. Justice A. Muhamed Mustaque while tracing the history of the Court, placed reliance on Mini vs. Life Insurance Corporation of India2 and Rakhi P.V. and Others vs. State of Kerala & Another3 (“Rakhi’s Case“) wherein it was held that a woman cannot be compelled to choose between motherhood and employment.
The Court further negated the contention of the Respondents which stated that since the Petitioner is a contractual employee, the Petitioner could claim a maximum of fifteen days of casual leave during the tenure of one year and abstention from duty on account of medical conditions of maternity.
The Court stressed on Rakhi’s Case, wherein it was held that women employees working on contractual basis cannot be denied maternity leave. The court stated that, ” In Rakhi’s case (supra) it was held that a woman employee cannot be denied maternity benefits merely because her status is a contractual employee. Therefore, the University is bound to grant such benefits notwithstanding anything contained in the agreement of contract.”
https://www.obhanandassociates.com/b...ual-employees/
Decision by the Court
The Court was of the view that maternity benefits are not merely a statutory benefit or a benefit flowing out of an agreement. This form of benefit is attached with the dignity of a woman. Justice A. Muhamed Mustaque while tracing the history of the Court, placed reliance on Mini vs. Life Insurance Corporation of India2 and Rakhi P.V. and Others vs. State of Kerala & Another3 (“Rakhi’s Case“) wherein it was held that a woman cannot be compelled to choose between motherhood and employment.
The Court further negated the contention of the Respondents which stated that since the Petitioner is a contractual employee, the Petitioner could claim a maximum of fifteen days of casual leave during the tenure of one year and abstention from duty on account of medical conditions of maternity.
The Court stressed on Rakhi’s Case, wherein it was held that women employees working on contractual basis cannot be denied maternity leave. The court stated that, ” In Rakhi’s case (supra) it was held that a woman employee cannot be denied maternity benefits merely because her status is a contractual employee. Therefore, the University is bound to grant such benefits notwithstanding anything contained in the agreement of contract.”