A woman employee cannot be denied maternity benefits merely because her status is that of a contractual employee.
In the case of Rasitha C.H. versus State of Kerala & Ors[1]. Petitioner working as an Assistant Professor in Medical Microbiology on contract basis was denied the claim for maternity benefit. As per the university clause 11 of their agreement read as “The party of the first part will not be entitled to any claim for future appointment in the University service whether permanent/temporary/contract by virtue of this engagement on contract.” The counsel for the university submitsthat the petitioner, being a contract employee, can at best claim only 15 days casual leave during the period of one year and also permitted to abstain from duty on account of medical conditions of maternity.
The judgement dated 11th December, 2018 by the Hon,ble Court of Kerala states that “The maternity benefit is not merely a statutory benefit or a benefit flowing out of an agreement. This court consistently held that it is attached with the dignity of a woman.”
The Hon’ble Court further relied on the judgement in case of Mini Vs. Life Insurance Corporation of India[2] and Rakhi P.V. and Others V. State of Kerala & Another[3] where it was held that a woman cannot be compelled to choose between womanhood and employment. In the case of Rakhi P.V. it was clearly held that a woman employee cannot be denied maternity benefits merely because her status is that of a contractual employee. Therefore, the University is bound to grant such benefits notwithstanding anything contained in the agreement of contract.
The Hon’ble Court of Kerala therefore directed the University to pay dues of maternity benefit to the petitioner as it par to the other employees within a period of 2 months.
Conclusion:
Since the woman needs to take care of herself during the pregnancy period and post the pregnancy period an additionally responsibility to take care of both her and the child, the maternity leave of minimum 26 weeks is provided. To cater to the need of herself and the child, certain financial stability is also required and therefore the leaves granted are paid leaves. Whether a woman works as regular employee or contractual basis, the needs are the same. Therefore the courts have time and again rightly held that a woman employee cannot be denied maternity benefits merely because her status is that of a contractual employee.
[1] WP(C).No. 5507 of 2018
[2] 2018 (1) KLT 530
[3] 2018 (2) KHC 251
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