DENYING MATERNITY LEAVE TO CONTRACTUAL EMPLOYEE VIOLATES ARTICLE 14: PUNJAB & HARYANA HIGH COURT

 DENYING MATERNITY LEAVE TO CONTRACTUAL EMPLOYEE VIOLATES ARTICLE 14: PUNJAB & HARYANA HIGH COURT

The Punjab and Haryana High Court has said that denying maternity leave to a contractual employee under the Maternity Benefit Act would amount to discrimination on grounds of nature of their employment and thereby violates Article 14 of the Constitution which guarantees equal protection of law. 

KEY POINTS FROM THE JUDGMENT: 

• The Court held that the Maternity Benefit Act, 1961 applies irrespective of whether a woman is a permanent, temporary, or contractual employee. 

• Maternity leave is considered a fundamental right linked to Article 21 (Right to Life and Dignity) and Article 14 (Equality before Law) of the Constitution. 

• Denying maternity leave to contractual employees would violate the principle of equality and fair treatment in service conditions. 

• The Court reiterated that maternity benefits are a social welfare measure to protect the dignity of motherhood and cannot be restricted only to permanent employees. 

WHY THIS JUDGMENT IS IMPORTANT? 

This judgment is important because many contractual employees, especially in government projects, were often denied maternity benefits, citing the temporary nature of their work. The ruling reinforces that all working women are entitled to maternity protection under the law. 

R V SECKAR , FCS , LLB 79047 19295