Salary and other benefits available under the Maternity Benefit Act to be given to woman who is working on a contractual basis: Hon’ble Delhi High Court.

Posted On - 12 April, 2024 • By - King Stubb & Kasiva

The Hon’ble High Court of Delhi in LPA 199/2024 dismissed an appeal by the appellants. In this instant case, Respondent was appointed as a stenographer on contractual basis in Delhi State Consumer Forum/ appellant. The respondent had applied for grant of maternity leave, but the Appellant refused since she worked on contractual basis and stated that no maternity leave benefits would be granted. Consequently, the respondent approached the Hon’ble High Court praying grant of maternity benefits and to continue in her current post. The Hon’ble High Court ordered grant of maternity benefits to the respondent as per Section 5 of the Maternity Benefit Act, 1961 (“Act”). The respondent filed an appeal challenging the order, however the division bench upheld the decision of single Judge and held that even women working on contractual basis are entitled to be granted the benefits under the Act even if these benefits exceed the duration of their contractual engagement.