Uttarakhand High Court
WPSS/1104/2021 on 11 November, 2021
Office Notes,
reports, orders or
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Date COURT'S OR JUDGES'S ORDERS
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WPSS No. 1104 of 2021
Hon'ble Sharad Kumar Sharma, J.
Mr. Amar Murti Shukla, Advocate, for the
petitioner.
Mr. Sachin Mohan Singh Mehta, Brief
Holder, for the State of Uttarakhand.
A Central Legislation was notified on 12th
December, 1961, legislating the Maternity Benefit
Act, 1961, for the purposes to regulate the
employment of women and extension of benefits
for the certain period of services, for which, the
female thus employed, would be entitled for the
extension of the maternity benefits and other
benefits as covered under the Act of 1961.
As per the provisions contained under
Section 5 of the said Act, the entitlement for the
maternity benefit, which has been made available to
the female thus employed in the Government
services could be extended and the benefit of the
second maternity leave period also, would be
granted to the female employee.
As far as the instant Writ Petition is
concerned, the petitioner has prayed for the
following reliefs :-
"I. Issue a writ order or direction in the
nature of Mandamus directing the respondents to
grant the benefit of second maternity leave to the
petitioner and pay salary to the petitioner of
maternity period and permit the petitioner to
perform her duties.
II. Issue any other order or direction which
this Hon'ble Court may deem fit and proper in the
circumstances of the case.
III. Award cost of the petition."
The precise facts of the case are that the
petitioner, who was initially engaged on 9th August,
2010, as daily wager had availed an initial
maternity leave on 12th September, 2016. But,
thereafter, when she applied for the grant of second
maternity leave benefits, under the Act of 1961, that
has not been considered, though despite of the fact
that since 8th January, 2021, she has already applied
before the respondents for the grant of the second
maternity leave benefits for 180 days as it has been
provided under the Act of 1961.
The denial of the extension of the maternity
benefit has resulted into, the petitioner filing a
representation, before respondents for the grant of
the same, but the same was not considered and
hence, the Writ Petition.
As far as the issue pertaining to the
entitlement of the maternity benefit and
particularly, the second maternity benefits, since it
is statutorily covered by Section 5 of the Act, and
coupled with the fact that the Act, itself has got a
welfare social motive and intention to be met with.
The same has been made extendable even to a
temporary or a daily wager employee, who are
working in the government department and hence,
the petitioner would be covered by the provisions
contained under Rules 153 of the U.P. Fundamental
Rules also, which contemplates for extension of the
benefit of maternity leave, as well as the issue
would too stand covered by the judgment, rendered
by the Hon'ble Apex Court as reported in 2000 (3)
SCC 224, Municipal Corporation Delhi Vs.
Female Works (Muster Roll) and others, as well
as the judgment of the Division Bench of this Court
as reported in 2013 (2) UD 344, Smt. Indu Joshi
Vs. State of Uttarakhand and others.
In view of the aforesaid settled principles,
this Writ Petition is allowed and a writ of
mandamus is issued to the respondents to consider
and grant the benefit of the second maternity leave
benefits to the petitioner and pay the benefits of
salary accordingly for the maternity period
provided under the Act.
It is expected that the respondents would
consider and extend the benefits within a period of
six weeks from the date of presentation of certified
copy of this judgement.
(Sharad Kumar Sharma, J.)
Dated 11.11.2021
Shiv
