{"id":330638,"date":"2024-09-12T09:00:34","date_gmt":"2024-09-12T03:30:34","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=330638"},"modified":"2024-09-18T11:28:34","modified_gmt":"2024-09-18T05:58:34","slug":"all-women-employees-entitled-to-180-days-maternity-leave-irrespective-of-nature-of-employment-raj-hc-scc-times","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/09\/12\/all-women-employees-entitled-to-180-days-maternity-leave-irrespective-of-nature-of-employment-raj-hc-scc-times\/","title":{"rendered":"All women employees entitled to 180 days Maternity Leave, irrespective of nature of employment: Rajasthan High Court"},"content":{"rendered":"
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Rajasthan High Court:<\/span> In a writ petition filed by a female conductor employed by the Rajasthan State Road Transport Corporation (RSRTC) seeking extension of maternity leave to 180 days, arguing that other similarly situated employees in different sectors were granted such leave, a single-judge bench of Anoop Kumar Dhand, J., held that the petitioner is entitled to 180 days of Maternity Leave like the other female employees working under the Service Rules, applicable to the State and Central Government services and to woman employee, falling under the purview of, 2017.<\/p>\n

“Women contribute to half of the segment of our society and they have to be honoured and treated with dignity at all places, including where they earn their livelihood. Whatever be the nature of the duties, in the place where they work, they must be provided with all facilities to which they are entitled for.”<\/p>\n

Factual Matrix<\/p>\n

In the instant matter, the petitioner, a female conductor employed by the Rajasthan State Road Transport Corporation (RSRTC), became pregnant during her employment. She applied for 180 days of maternity leave but was granted only 90 days as per Regulation 74 of the RSRTC Employees Service Regulations, 1965.<\/p>\n

The petitioner contended that the Maternity Benefit Act, 1961<\/a>, amended in 2017, extends the period of leave to 26 weeks (180 days) for all women employees, but, despite this provision, the petitioner was granted only 90 days of maternity leave, which is discriminatory and inconsistent with broader norms applied to other government employees.<\/p>\n

On the other hand, the respondents argued that the RSRTC had complied with the Regulations of 1965, which provide for 90 days of maternity leave, and no illegality had been committed. The respondents contended that the regulations governing RSRTC employees, in this case, limited the leave to 90 days, and the petitioner could not claim more under these regulations.<\/p>\n

Moot Point<\/p>\n

    \n
  1. \n

    Whether the petitioner is entitled to 180 days of maternity leave, despite the 90-day cap in RSRTC regulations?<\/p>\n<\/li>\n

  2. \n

    Whether granting only 90 days of leave constitutes discrimination against the petitioner when compared to other similarly situated employees in different services?<\/p>\n<\/li>\n<\/ol>\n

    Law Point<\/p>\n