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 Im 1996,the women had taken maternity leave for three months after giving birth and due to her pregnancy and delivery  , she had worked only 156 days instead of the required 240 days in a year . however , on account of her delivery she was unable to meet the minimum yearly requirement of 240 days .

The tribunal ruled that the woman maternity leave should be considered continuous service under section 25(B) (1) of the industrial dispute act. The tribunal held that her period of maternity leave  would be deemed to be continuous service in view of provision of the  INDUSTRIAL PROTECTION ACT

The state said that there was no provision in the department for granting maternity leave to the female daily wage worker in 1996

 The state government moved the moved the high court against an order of the himanchal Pradesh  administrative tribunal whuch granted the benefit of maternity leave to the respondent who was engage on a daily wage basis

The himanchal Pradesh high court held on June 12 that the maternity leave  is a fundamental right and its denial is  violative of article 29 and 39 D of the Indian constitution .

Name : laxmi kumari intern under legal vidhiya


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