Dear Patrons,
Greetings from Connect One Dynamic Synergies Private Limited. We wish to share that every female and male employee, whether appointed on a regular basis, contractual basis, or ad hoc basis, has the fundamental right to maternity and paternity leave as pronounced by the Himachal Pradesh High Court.
Furthermore, the Court stated that every female employee and male employee, whether appointed on a regular basis, contractual basis, ad hoc basis, or tenure/temporary basis, have a fundamental right to a reasonable duration of maternity leave as well as paternity leave, Child Care Leave (CCL) to promote motherhood and child-care under Article 21 of the Constitution of India read with Article 42 of the Constitution.
The Court referred to Municipal Corporation of Delhi v. Female Workers (Muster Roll), (2000) 3 SCC 224, wherein the Supreme Court held that the provisions of the Maternity Benefit Act, 1961 entitled maternity leave even to women engaged on a casual basis or on a muster roll basis for daily wage, and not only to those in regular employment. Furthermore, the Court said that the object of maternity leave is to protect the dignity of motherhood by providing full and healthy maintenance to the woman and her child; maternity leave is intended to achieve social justice for women, motherhood, and childhood as both require special attention.
The Court noted that the respondent in the present case was a daily wage woman employee at the time of advanced pregnancy and said that she could not have been compelled to undertake hard labor, as it would have been detrimental not only to her health and safety but also to the health, safety, and growth of her child. The Court also said that maternity leave is a fundamental right of the respondent, which could not have been denied by the State. Therefore, the Court said that the action of the State-petitioner was violative of Articles 29 and 39-D of the Constitution.
Enclosed, please find the judgment for your kind perusal.
Thanks and Regards,
Connect One Compliance Team
Greetings from Connect One Dynamic Synergies Private Limited. We wish to share that every female and male employee, whether appointed on a regular basis, contractual basis, or ad hoc basis, has the fundamental right to maternity and paternity leave as pronounced by the Himachal Pradesh High Court.
Furthermore, the Court stated that every female employee and male employee, whether appointed on a regular basis, contractual basis, ad hoc basis, or tenure/temporary basis, have a fundamental right to a reasonable duration of maternity leave as well as paternity leave, Child Care Leave (CCL) to promote motherhood and child-care under Article 21 of the Constitution of India read with Article 42 of the Constitution.
The Court referred to Municipal Corporation of Delhi v. Female Workers (Muster Roll), (2000) 3 SCC 224, wherein the Supreme Court held that the provisions of the Maternity Benefit Act, 1961 entitled maternity leave even to women engaged on a casual basis or on a muster roll basis for daily wage, and not only to those in regular employment. Furthermore, the Court said that the object of maternity leave is to protect the dignity of motherhood by providing full and healthy maintenance to the woman and her child; maternity leave is intended to achieve social justice for women, motherhood, and childhood as both require special attention.
The Court noted that the respondent in the present case was a daily wage woman employee at the time of advanced pregnancy and said that she could not have been compelled to undertake hard labor, as it would have been detrimental not only to her health and safety but also to the health, safety, and growth of her child. The Court also said that maternity leave is a fundamental right of the respondent, which could not have been denied by the State. Therefore, the Court said that the action of the State-petitioner was violative of Articles 29 and 39-D of the Constitution.
Enclosed, please find the judgment for your kind perusal.
Thanks and Regards,
Connect One Compliance Team
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