Maternity Benefits Archives

Objectives of population control & providing maternity leave to working women not mutually exclusive & must be rationally harmonised: SC

In the instant case, the appellant was denied maternity leave for a third child on account of her re-marriage. The Supreme Court held that the appellant was entitled to grant of maternity leave.

Case Briefs High Courts

Maternity Benefits Act takes precedence over contractual conditions for contractual employees: Madras High Court

Madras High Court affirmed that the NRHM Nurses are eligible for maternity leave of 270 days with pay as per the Maternity Benefits Act, 1961

Case Briefs High Courts

Part-time contractual employees entitled to maternity benefits even though their appointment rules make them ineligible: Gauhati HC

The amount to be received by petitioner shall not only be restricted to the amount claimed by her but will also include any such other computation admissible in terms of the relevant provisions of the Maternity Benefit Act, 1961.

Case Briefs High Courts

A commissioning mother, who begotten child through surrogacy is entitled to maternity leave and other benefits: Orissa High Court

“A child born out of surrogacy to be treated in the similar manner as a child born out of the natural process and provide the commissioning mother with all the benefits provided thereto.”

Case Briefs High Courts

Delhi High Court upholds maternity benefits of a contractual employee; Imposes costs on Delhi State Consumer Forum

Delhi High Court expressed surprise at GNCTD filing an appeal challenging the provision of benefits under the Maternity Benefit Act to a dedicated young woman who served in the Delhi State Consumer Forum for over five years on contractual basis considering their efforts to promote women’s interests, such as the Mukhyamantri Mahila Samman Yojna promising a monthly sum of Rs. 1,000 to adult women in Delhi, excluding tax-payers, government employees, or pensioners.

Case Briefs High Courts

‘Nature of employment will not decide maternity benefits’: Delhi HC grants maternity benefits to contractual employee whose contract ended during pregnancy

“Mere creation of the welfare legislation is not enough. A duty is cast upon the State and the subjects of the Act, to uphold the integrity, objective and the provisions of the legislation in its true letter and spirit.”

Case Briefs Supreme Court

Explained | Supreme Court verdict on claim of maternity benefits beyond the duration of contractual employment

“The expression “discharge” is of wide import, and it would include “discharge on conclusion of the contractual period”.”

Case Briefs High Courts

Work From Home under Maternity Benefit Act can be availed only if nature of work assigned to women is possible for them to work from home: Kar HC

Karnataka High Court: Noting that the nature of work assigned to a woman cannot be carried from home, R Devdas, J., held

Case Briefs High Courts

Maternity Benefits | Do employers have a responsibility to ensure that delivering and raising a child, shall not be detrimental to female officer’s career? Ker HC explains

Kerala High Court: Addressing a matter wherein maternity benefits were not being allowed to female officers, Raja Vijayaraghavan V, JJ., expressed that

Case Briefs High Courts

Jhar HC | “A woman employee cannot be discriminated on the basis of mode of appointment”; HC holds a contractual employee is equally entitled to maternity benefits

Jharkhand High Court: S. N. Pathak, J., directed the State of Jharkhand to provide maternity benefits to a contractual employee whose demand

Case Briefs High Courts

Ker HC | Women employees serving on contractual basis cannot be denied maternity benefits

Kerala High Court: The Bench of A. Muhamed Mustaque, J. disposed of a petition by stating that maternity benefits cannot be denied