State Can't Deny Paid Maternity Leave To Employees Citing 80-Day Work Rule, Has To Ensure Welfare Measures: MP High Court

The Madhya Pradesh High Court has held that Section 5(2) of the Maternity Benefit Act which bars the benefit of maternity leave unless a woman has worked for 80 days in 12 months, does not apply to establishments of the State Government. The bench of Justice Vishal Dhagat held, "Section 5(2) of the Act of 1961, bars benefit of maternity leave unless woman has worked for 80 days in 12 months. Said bar of working 80 days in 12 months for availing benefit of grant of maternity leave shall not be applicable over establishment of State Government. State is required to take welfare measures for its citizens". The petitioner, working as a guest faculty, filed a petition challenging the order of the Trial Court of June 16, 2023, by which the petitioner was denied her honorarium but was granted maternity leave from April 5, 2023, for a period of six months, following the circular of February 25, 2022, under Section 5 of the Maternity Benefit Act, 1961. The counsel for the petitioner argued that she was being victimised and harassed as she belonged to the SC Category. The bench noted that the petitioner was engaged on a contractual basis. Therefore, the nature of their appointment is temporary, in nature, and they cannot be said to be a government employee. Therefore, the MP Civil Services Leave Rules do not apply to the petitioner. Thus, the primary issue for consideration is- whether Maternity Benefit Act, 1961 is applicable to petitioner or not? The court noted that under Section 2(1) of the Act, it is a wide provision and covers any establishment belonging to the government and also establishments where there are 10 or more people employed on any day preceding 12 months. Thus, the provision of the Maternity Benefit Act could apply to the petitioner. The bench further emphasized, "As per said Act, every woman has right to payment of maternity benefit according to provisions of Act of 1961. For claiming benefit of Act of 1961, woman should have been employed in an establishment not less than 80 days in a year preceding date of expected delivery. Relaxation is also given to woman who has migrated into State of Assam and was pregnant at the time of immigration". The bench noted that the petitioner was denied payment because she was not employed for more than 80 days in a year. However, taking into account the spirit of the constitution, the bench highlighted that the State shall strive to promote the welfare of people and shall direct its policy towards securing the health and strength of workers, women and men, particularly children of tender age. Thus, the bench held that in the spirit of the Constitution, the bar of working 80 days in 12 months for availing the benefit of the grant of maternity leave shall not apply to the establishment of the State Government. Thus, the bench set aside the impugned order and directed that the petitioner be granted the benefit of maternity leave. Case Title: Dr Priti Saket v State of Madhya Pradesh [WP-9877-2026]For Petitioner: Advocates Hitendra Kumar Golhani and Kajal Vishwakarma For State: Government Advocate Kamal Singh BaghelClick here to read/download the Order

State Can't Deny Paid Maternity Leave To Employees Citing 80-Day Work Rule, Has To Ensure Welfare Measures: MP High Court

Jayanti Pahwa

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