Case Name; ANNWESHA DEB v. DELHI STATE LEGAL SERVICES AUTHORITY
The Delhi High Court has observed that pregnant working women are entitled to maternity benefits and cannot be denied relief under the Maternity Benefit Act, 2017, solely due to the nature of their employment.
This observation was made by Justice Chandra Dhari Singh while hearing a petition filed by a woman who was working as a contractual employee in the Delhi Jal Board. The petitioner had challenged the termination of her services by the Board on the ground that she was pregnant and had applied for maternity leave.
The court noted that the Maternity Benefit Act, 2017, was enacted to provide protection and welfare to women workers during pregnancy and after childbirth. The court said that the Act aims to ensure that women do not lose their jobs or face discrimination due to pregnancy.
The court further said that the Act does not make any distinction between regular and contractual employees, and covers all women who are employed in any establishment. The court said that there is nothing in the language of the Act or in its provisions which suggests that a working expecting woman would be barred from getting the reliefs due to the sole reason of the nature of their employment.
The court also referred to the constitutional provisions and international conventions that guarantee the right to equality, dignity and maternity benefits to women. The court said that denying maternity benefits to a pregnant woman would amount to violating her fundamental rights and human rights.
The court, therefore, quashed the termination order issued by the Board and directed it to reinstate the petitioner with full back wages and continuity of service. The court also directed the Board to grant maternity leave and other benefits to the petitioner as per the Act.
The Delhi High Court said that pregnant working women have a right to maternity benefits regardless of the nature of their employment. The court said that maternity benefits are a fundamental and integral part of a woman’s identity.
The court observed that forcing a woman to choose between her family and career would be a failure of society. The court said that the reliefs under the Maternity Benefit Act should come as a matter of right and not as a benefit.
The court granted relief to a contractual employee of Delhi State Legal Services Authority who was denied maternity benefits. The court directed the authority to release all medical, monetary, and other benefits to the woman as per law.
The court noted that women had to fight for equal treatment in services for decades. The court said that equal treatment does not mean identical treatment. The court said that the work environment should be conducive for a woman to have both, a career and motherhood.
Advocate Charu Wali Khanna appeared for the petitioner. Advocate Sarfaraz Khan represented DSLSA.
Live Law https://www.livelaw.in/high-court/delhi-high-court/delhi-high-court-pregnant-working-women-maternity-benefits-act-contractual-employment-article-21-236056
Name; Shreya Modanwal, Shambhunath Institute of Law, Jhalwa, Prayagraj , 3rd yr.student ,intern under legal vidhiya
