While granting relief to a woman employee seeking maternity leave benefits, the Bombay High Court has held that a woman working temporarily on daily wages is entitled to the benefits of the maternity leave, and the technical break in service is no ground to deprive her of the same.

The High Court was considering a Petition filed by the petitioner seeking a direction to the employer to grant/extend the maternity leave benefits in her favour.

The Division Bench of Justice M. S. Karnik & Justice Ajit B. Kadethankar held, “It is thus clear that even if a woman is working on temporary basis on daily wages, she is entitled to the benefits of the maternity leave and merely because the petitioner is granted the technical break in service is no ground to deprive her of the benefit. Such interpretation would be in the teeth of the benevolent object for which the Maternity Benefit Act, 1961 has been enacted.”

Advocate Kedar Lad represented the Petitioner, while Assistant Government Pleader T.J. Kapre represented the Respondent - State.

Factual Background

The petitioner was working with the respondent Rajarshree Chhatrapati Shahu Maharaj Government Medical College, Kolhapur, as an Assistant Professor temporarily since September 21, 2018, in the Obstetrics and Gynaecology Department. On May 7, 2021, the petitioner made an application to the Department of Obstetrics and Gynaecology and requested to extend the benefits of maternity leave to the petitioner. The petitioner made a similar application on May 28, 2021 and requested the Dean to extend the benefits of maternity leave.

The Dean forwarded the said proposal to the respondent Director, Medical Education and Research, Mumbai. The period of maternity leave, which the petitioner sought, was from May 8, 2021, to September 16, 2021, i.e. for a total of 131 days. According to the petitioner, the benefit of maternity leave came to Rs. 4,36,666, which had not been paid to her. The said period was treated as leave without pay.

Reasoning

On a perusal of the facts of the case, the Bench noted that the petitioner was working continuously as an Assistant Professor from June 21, 2018, to date, having been given a technical break of 1 day or 2 days after 120 days of service. “To deny the benefits of the maternity leave on such a ground is completely arbitrary and unjust. The break in service is technical in nature and for all practical purpose, the petitioner has been discharging her duties as an Assistant Professor in the respondent No.3 – Government Medical College continuously since 21st September 2018 till date”, it stated.

The Bench explained that in terms of sub-section (1) of Section 5 of the Maternity Beneit Act, every woman shall be entitled to, and employer shall be liable for, the payment of maternity beneit at the rate of the average daily wage for the period of her actual absence i.e., the period immediately preceding the actual day of her delivery and any period immediately following that day.

The Bench thus asserted, “We, therefore, have no hesitation in holding that denial of the benefit of maternity leave to the petitioner only on the ground that the petitioner was granted a technical break of 1 or 2 days in service is unjustifiable and untenable. The petitioner is held entitled to the said benefits.”

Reference was made to the judgment in Archana D/o Nanabhau Dahifale Vs. The State of Maharashtra & Anr. (2018), wherein it has been highlighted that the identical issue of granting maternity benefits to woman employees on contract or on an ad hoc basis has been considered by various High Courts, wherein petitions have been allowed, and directions have been issued to grant maternity benefits to the woman employees.

Thus, allowing the petition, the Bench ordered, “If the amount as demanded in the application dated 28th May 2021 is not paid within a period of 4 weeks from today, the same shall carry interest @ 9% p.a. till actual disbursement.”

Cause Title: Dr. Vrushali Vasant Yadav v. The State of Maharashtra (Neutral Citation:2025:BHC-KOL:3962-DB)

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Bombay High CourtJustice MS Karnik

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.