In a recent ruling, the Delhi High Court has made a profound statement regarding maternity rights, asserting that they are not merely governed by statute but are an intrinsic part of a woman's identity. The judgment, delivered by Justice Chandra Dhari Singh, emphasized that denying such rights not only obstructs a woman's choice to bring life into the world but also infringes upon her fundamental right to life, and in doing so, contradicts the principles of social justice.
Brief Facts:
The case involves a female attendant employed at Geetanjali Hostel, South Campus, Delhi University. The petitioner was initially appointed on an ad-hoc basis for six months, starting from July 4, 2018. She subsequently applied for maternity leave, which was approved, with the leave period spanning from May 5, 2022, to November 4, 2022. During her maternity leave, the petitioner did not receive her salary. Her contractual term was renewed for an additional six months, from July 2, 2022, to December 31, 2022.
Upon her return from maternity leave, the petitioner was informed that her services had been terminated, and she had been permanently replaced. She made several representations to the authorities regarding this matter, including sending a legal notice to the respondents. Dissatisfied with the lack of response from the authorities, the petitioner filed the present petition.
Contentions of the Parties:
The Petitioner contended that she was entitled to a paid maternity leave of 26 weeks as per the Maternity Benefit Act, 1961, but the respondents did not comply with this provision. The petitioner argued that the termination of her employment by the respondent institution without notice or a valid reason was unlawful and arbitrary. She further claimed that the University of Delhi had not adhered to its own notification dated January 4, 2022, which granted maternity benefits to ad-hoc/contractual staff of the university and its colleges.
The Respondents (University of Delhi) contended that the petitioner was entitled to avail maternity leave within the specific period of her fixed-term engagement, which ended on June 30, 2022. They argued that the petitioner had not reported for work on the last day of her previous term as required for reappointment, and, as a result, her contract was not renewed. The respondents maintained that the petitioner's claim regarding letters dated April 26, 2022, and June 21, 2022, demanding salary during the maternity period was not valid, as those letters were internal note sheets for internal use and could not be considered as office orders.
Observations by the Court:
Justice Singh, recognizing the importance of protecting maternity rights, ruled in favour of the petitioner. The court ordered the authorities to reinstate the woman in her previous position or any other role in accordance with her eligibility. Additionally, she was to be paid maternity benefits as stipulated in the Maternity Benefits Act of 1961.
In the judgment, the court also noted a notification issued by Delhi University on January 4, 2022, which extended paid maternity leave of 26 weeks to women employed by the university on a contractual or ad-hoc basis. The court observed that the petitioner was employed on a contractual basis, and her term had been extended, making the notification applicable to her case.
The court further decreed that considering the petitioner's unlawful termination, she should be compensated.
The decision of the Court:
To this end, the respondent institution was directed to pay her an amount of Rs. 50,000 as compensation, aligning with the principle of "no work, no pay."
Case Name: Neelam Kumari vs The University of Delhi
Coram: Justice Chandra Dhari Singh
Case No.: W.P.(C) 2959/2023
Advocates of the Petitioners: Ms. Chandrika Mishra, Ms. Prashasti Singh and Ms. Richa Rajesh, Advocates
Advocates of the Respondent: Mr. Rajesh Gogna, CGSC with Ms. Priya Singh, Advocate for R-1 Mr. Ankur Chhibber, Advocate for R3 to R-5
Read Judgment @LatestLaws.com
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