In a significant procedural challenge concerning maternity benefits for women in public employment, the Bombay High Court stepped in to address a serious administrative lapse by state authorities who withheld statutory maternity leave from a government medical college professor, raising sharp questions over whether “technical breaks” in service can be used to defeat welfare legislation meant to protect working mothers.
The controversy began when an Assistant Professor in the Obstetrics and Gynaecology Department of a Government Medical College in Kolhapur, appointed on a temporary basis since 2018, was denied paid maternity leave despite having worked continuously for years. Counsel for the petitioner argued that although she was subjected to routine “technical breaks” of one or two days after fixed service periods, her engagement was uninterrupted in substance.
When she applied for maternity leave during her advanced pregnancy in May 2021, the proposal moved from the college to higher authorities, but no approval came. Instead, her maternity period was treated as leave without pay, prompting her to approach the High Court after repeated representations and reliance on settled Apex Court precedent yielded no relief.
The Bench came down heavily on the respondents, particularly noting their repeated failure to file a reply despite multiple opportunities. Recording its displeasure, the Court observed that it had “no option but to proceed with the hearing of the petition on its own merits.” On the core issue, the Court held that denying maternity benefits due to artificial service breaks was “completely arbitrary and unjust,” emphasizing that such an interpretation would be “in the teeth of the benevolent object for which the Maternity Benefit Act has been enacted.”
Relying on Section 5 of the Act and landmark rulings including Municipal Corporation of Delhi v. Female Workers (Muster Roll), the Court concluded that even women working on temporary or daily-wage basis are entitled to full maternity benefits. Consequently, the petition was allowed, directing payment of the maternity dues within four weeks, failing which interest at 9% per annum would apply.
Case Title: Dr. Vrushali Vasant Yadav Vs. The State of Maharashtra
Case No.: Writ Petition No. 15521 of 2024
Coram: Justice M.S. Karnik, Justice Ajit B. Kadethankar
Advocate for Petitioner: Adv. Kedar Lad
Advocate for Respondent: Adv. T.J. Kapre (AGP)
Read Judgment @Latestlaws.com
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