Maternity Benefit Act Doesn’t Deny Benefit To Those Engaged On Casual, Daily Wage Basis or Guest Employees: Chhattisgarh High Court
The Chhattisgarh High Court was considering a writ petition whereby the petitioner sought a direction to the authorities to grant her all monetary benefits admissible during the maternity leave period.
Justice Bibhu Datta Guru, Chhattisgarh High Court
While granting relief to a female guest lecturer, the Chhattisgarh High Court has held that there is nothing contained in the Maternity Benefit Act, 1961 which entitles only regular women employees to the benefit of maternity leave and not to those who are engaged on casual basis or on muster roll on daily wage basis or the employees engaged as a guest.
The High Court was considering a writ petition whereby the petitioner sought a direction to the respondent authorities to consider her representations and grant all monetary benefits admissible during the period of maternity leave. The petitioner also sought quashment of Clause 11.2 of a circular July 17, 2026 and a direction to the respondent authorities to issue a revised circular extending maternity leave benefits to Guest Lecturers in accordance with law.
The Single Bench of Justice Bibhu Datta Guru held, “Before proceeding further it would be noteworthy to mention here that a woman employee, at the time of advanced pregnancy cannot be compelled to undertake hard labour as it would be detrimental to her health and also to the health of the foetus. It is for this reason that it is provided in the Maternity Benefit Act, 1961 that she would be entitled to maternity leave for certain periods prior to and after delivery. I have gone through the different provisions of the Act, but I do not find anything contained in the Act which entitles only regular women employees to the benefit of maternity leave and not to those who are engaged on casual basis or on muster roll on daily wage basis or the employees engaged as guest.”
Advocate Shubham Tiwari represented the Petitioner while Panel Lawyer Shahil Singh represented the Respondent.
Factual Background
The petitioner was working as a Guest Lecturer in the respondent College since August 16, 2024 and, after availing maternity leave, rejoined her duties on August 19,2026. The petitioner claimed that despite being entitled to monetary benefits during the period of maternity leave under Section 5 of the Maternity Benefit Act, 1961, the respondent authorities failed to release the same despite two representations.
Reasoning
The Bench highlighted the fact that the Act was enacted to secure a woman's right to pregnancy and maternity leave and to afford women with as much flexibility as possible to live an autonomous life, both as a mother and as a worker, if they so desire.
The Bench was of the view that the salary for the period when the petitioner had gone on maternity leave could not be denied on the ground that she was serving as a Guest Lecturer. “Further considering the case that once the petitioner was granted maternity leave, the respondents are under obligation to release the salary of the petitioner forthwith in respect of the period when she had gone for maternity leave”, it added.
The Bench thus directed the respondents to take an appropriate decision in accordance with rules and guidelines as the petitioner was entitled to maternity leave. “...pass appropriate orders in respect of the petitioner's claim for unpaid salary for the period she had gone for maternity leave, at the earliest…”, it ordered.
Cause Title: Pushpa Jaiswal v. State Of Chhattisgarh (Neutral Citation: 2026:CGHC:45231)