Dear Patrons,
Greetings from Connect One Dynamic Synergies Private Limited
Wish to share that every Female and Male Employee whether appointed on regular basis, contractual basis, ad hoc basis, have Fundamental Right to Maternity and Paternity Leave pronounced by Himachal Pradesh HC
Further, the Court stated that every female employee and male employee whether appointed on regular basis, contractual basis, ad hoc basis, tenure/temporary basis have a fundamental right to reasonable duration of maternity leave as well as paternity leave, Child Care Leave (CCL) to promote motherhood and child-care under Article 21 Constitution of India read with Article 42 of the Constitution..
The Court referred to Municipal Corpn. of Delhi v. Female Workers (Muster Roll), (2000) 3 SCC 224, wherein the Supreme Court held that the provisions of Maternity Benefit Act, 1961 entitled maternity leave even to women engaged on casual basis or on muster roll basis daily wage and not only to those in regular employment. Further, 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 the social justice to women, motherhood and childhood as both requires special attention....
The Court noted that the respondent in the present case was a daily wage woman employee at the time of advance pregnancy and said that she could not have been compelled to undertake hard labour, 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 judgement for your kind perusal.
Thanks and Regards,
Connect One Compliance Team
From India, Bengaluru
9Greetings from Connect One Dynamic Synergies Private Limited
Wish to share that every Female and Male Employee whether appointed on regular basis, contractual basis, ad hoc basis, have Fundamental Right to Maternity and Paternity Leave pronounced by Himachal Pradesh HC
Further, the Court stated that every female employee and male employee whether appointed on regular basis, contractual basis, ad hoc basis, tenure/temporary basis have a fundamental right to reasonable duration of maternity leave as well as paternity leave, Child Care Leave (CCL) to promote motherhood and child-care under Article 21 Constitution of India read with Article 42 of the Constitution..
The Court referred to Municipal Corpn. of Delhi v. Female Workers (Muster Roll), (2000) 3 SCC 224, wherein the Supreme Court held that the provisions of Maternity Benefit Act, 1961 entitled maternity leave even to women engaged on casual basis or on muster roll basis daily wage and not only to those in regular employment. Further, 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 the social justice to women, motherhood and childhood as both requires special attention....
The Court noted that the respondent in the present case was a daily wage woman employee at the time of advance pregnancy and said that she could not have been compelled to undertake hard labour, 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 judgement for your kind perusal.
Thanks and Regards,
Connect One Compliance Team
From India, Bengaluru
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