Allahabad High Court Asks UP Govt To Explain Action Taken For Implementing Amended Maternity Benefit Act
The Allahabad High Court rendered such directions while dealing with a Petition filed by Sunbeam Women's College involving the reinstatement of an employee.
Justice Swarupama Chaturvedi, Justice Ajit Kumar, Allahabad High Court
The Allahabad High Court has recently asked the State Government to come up with an affidavit about the action it has taken to implement the Maternity Benefit Act, 1961, as amended in the year 2017.
The High Court rendered such directions while dealing with a Petition filed by Sunbeam Women's College involving the reinstatement of an employee.
The Division Bench of Justice Swarupama Chaturvedi and Justice Ajit Kumar ordered, “...we direct the State Government to come up with the affidavit as to what action it had taken, if any, to implement the Maternity Benefit Act, 1961 as amended in the year 2017.”
“All the respondents are directed to file a detailed counter affidavit within a period of four weeks. Reply, if any, may be filed within two weeks thereafter”, it added.
It was the case of the Institution that the Maternity Benefit Act, 1961, shall not apply to the educational institution unless and until it is notified under the proviso to Section 2(1), which requires the concerned State Government to issue a notification in the official gazette for the application of the Act with the approval of the Central Government. It was brought to the Court’s notice that no such notification had been issued.
The petition was instituted on the ground that the Respondent Commission had exceeded its authority in passing the impugned order directing the reinstatement of an employee and extending the benefit of the Maternity Benefit Act, 1961.
The Bench was of the view that the State became a necessary party as the State was under an obligation to notify the Act while it was in existence for the benefit of the people who were working in various establishments. The Bench thus directed the State Government to come up with the affidavit on the steps taken to implement the amended Maternity Benefit Act.
Listing the petition on March 23, 2026, the Bench ordered, “In the meanwhile, until further orders of this Court, it is hereby provided that status quo, as on date, shall be maintained regarding employment of the respondent no. 5 with the petitioner institution.”
Cause Title: Sunbeam Women's College v. Union Of India (Case No.: WRIT - C No. 37031 of 2025)
Appearance
Petitioner: Senior Advocate A.K. Singh, Advocate Tejas Singh
Respondent: Advocate Purnendu Kumar Singh, Ramesh Kumar, Additional Chief Standing Counsel Rajeev Gupta