Orissa High Court ruled that maternity benefits can’t be denied to women based on contractual jobs. The court called such denial inhumane and against the spirit of womanhood and dignity.
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Orrisa High Court held that a women employee cannot be dnied for maternity leave and benefits just because of her appointment being contractual. The Court Emphasized that such denial is inhuman and against the spirit of womanhood and dignity.
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Background of the Case
In response to an advertisement issued by the General Administrative Department of the Government, the respondent (writ petitioner) applied for the position of ‘Young Professional’ and was duly appointed.
While serving in this role, she gave birth to a girl child and consequently applied for maternity leave from 17.08.2016 to 12.02.2017. However, her application was rejected without any reasons being provided.
Aggrieved by the rejection of her maternity leave, the respondent filed a writ petition. The Single Bench, after examining the legal provisions relating to maternity leave, found that the respondent had been wrongly denied the benefit.
Consequently, it directed the authorities to grant her maternity leave. Challenging this decision, the government authorities filed the present writ appeal.
The appellant, government submitted that the respondent is not entitled for the maternity leave as she is contractual employee. Also, the policy for her appointment does not provide any such leave, so she cannot be given such benefits.
Findings of the Court
The Court described the concept of maternity benefits:
“This concept is discussed in Article 10(2) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and Article 1 1 of the International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Under the provisions of CEDAW, maternity leave with pay or comparable social benefits are to be assured by the party, States inter alia through their Policies & Programes.”
The Court also emphasized that the idea of maternity leave is structured on ‘zero separation’ between lactating mother and breast feeding baby.
Justice Shripad said,
“It is said that God could not be everywhere and therefore he created mothers. The idea of maternity leave is structured on “zero separation” between lactating mother and breast feeding baby. The Child Psychiatrists and Obstetricians are of the considered opinion that physical companionship of mother and the baby is mutually advantageous and it promotes bonding between the two, which is essential for their wellbeing. A lactating mother has a fundamental right to breastfeed her baby during its formative years. Similarly, baby has a fundamental right to be breastfed and brought about in a reasonably good condition.”
The Court relied to the Supreme Court judgment in Dr. Kabita Yadav v. Secretary, Ministry Of Health & Family Welfare Department. In the case, the Court observed that even the contractual employee is entitled to maternity leave.
The argument that the memorandum was applicable only to civil servants was also rejected. It was held that, for the purpose of availing maternity benefits, all women form a single, homogenous class, and any artificial classification based on the nature of their appointment violates Article 14 of the Constitution.
The Court further added,
“A Welfare State cannot be heard to say that a Policy of the kind has to be kept away regardless of its socio-welfare object to serve all classes of persons employed in the State, whatever be the nature of such engagement.”
The writ appeal was dismissed and the impugned order of the single judge is ordered to be implemented and the the report of same must be filed with the Registrar Judicial of this court within eight weeks.
CASE TITLE: State of Odisha & Anr. v. Smt. Anindita Mishra
CASE NO: Writ Appeal No. 1074 of 2023
READ JUDGMENT HERE
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