In, Centre for Professional and Advanced Studies v. Abhitha Karun & Others, the Division Bench of Kerala HC has held, Contract Employees are also entitled to the M W ACT, and t he object of the MB Act is to see that a woman employee at the time of advanced pregnancy, would not be detrimental to her health and also to the health of the foetus. It is for this reason it is provided in the Act that she would be entitled to maternity leave for certain periods prior to and after delivery.
Facts
Under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, The Centre for Professional and Advanced Studies (CPAS) is a Society. To take over the self-supporting institutions under Mahatma Gandhi University, it was established. The petitioner was recruited in 2012 for a three-year on a contract basis as a lecturer under CPAS. She was given 180 days of paid maternity leave in 2014, and the entire time she was sanctioned leave, she received an allowance. Her tenure was extended for another three years (2015-2018). The petitioner submitted an application for a 26-week maternity benefit leave on March 10, 2017. (180 days). Though maternity leave is granted for 180 days, the maternity leave benefit has been reduced to 90 days, according to the Special Rules Framed by the CPAS, Which was latter approved by the State.
The petitioner filed a petition with the Single Judge, claiming that the Maternity Benefit Act and the guidelines set forth in the circulars released by the Ministry of Women and Child Health were violated by not granting maternity leave with allowance for 180 days. She emphasized that because the State only accepted the Rules created by CPAS in 2018, her service conditions cannot be changed to her disadvantage while she is still employed. The Single Judge granted the petition and determined that the petitioner was entitled to 180 days of paid maternity leave.
The CPAS appealed this order to the Division Bench of the Kerala High Court.
Contention Made
Appellant: Contract Employees are not entitled to Maternity Benefits. Further, State has not issues any notification to brought CPAS within the meaning of “establishment’’ as stated in the proviso of Section 2 (1) (b) of Maternity Benefit Act, 1961.
Respondent: No notification under the proviso was not necessary since the CPAS were an 'establishment' under Section 2(1) (b). Learned Counsel relied on the decision of Apex Court in Manager, Jyothi Nikethan English Medium School vs Deputy Labour Commissioner, 2015(1) KHC 673, Where the Division Bench held, going by the definition, 'establishment' means any place where, inter alia, any occupation or service is carried on, excluding those specifically excluded by the last limb of that definition.
Court Observation
The Division Bench rejected the appellant's claim that it is not an establishment after reviewing the pertinent clauses and cases. Further, the Court noted that the Act is undoubtedly a helpful piece of legislation with the goal of ensuring that a woman works during an advanced pregnancy, and upon reading the Act, it would appear that they are fully in accordance with the Directive Principles of State policy, as stated in Article 39 and in the other Articles, particularly Article 42.
The Bench further observed that female officers hired on a contract basis, regardless of contract tenure, are now eligible for maternity leave with full pay up to 180 days or until the end of the current contract, whichever comes first, as per a Government Order issued in 2021.
Court Judgment
After scanning through the various provisions of the MB Act, the Kerala HC has held that the petitioner is entitled to the benefit of the MB Act as claimed by her. In these circumstances, the HC found no infirmity in the impugned judgment of Apex Court for interference. Hence, the writ appeal is found to be without any merits and hence the same is dismissed.
Case: Centre for Professional and Advanced Studies vs Abhitha Karun & Others
Citation: WA No.1293 Of 2019.
Bench: Hon’ble Mr. Justice P.B. Suresh Kumar & Hon’ble Mr. Justice C.S. Sudha.
Decided on: 27th July, 2022.
Read Judgment @Latestlaws.com
Picture Source :
