Anurupa Pal
Published On: March 13, 2022 at 14:51 IST
The Delhi High Court stated, as long as Conception occurs before the Tenure of the Contract executed between a Woman-Employee and her Employer expires.
She is Entitled to Maternity Benefits as provided under Maternity Benefits Act, 1961.
The Division Bench of Justice Rajiv Shakdher and Talwant Singh Observed that the Act seeks to Regulate Employment of Women in certain Establishments for a given Period Before and After Child-Birth.
The Bench also observed that, the Act does not tie in the Grant of Maternity Benefit to the Tenure of the Woman Employee the Court said that there are Limiting Factors for the Grant of Maternity Benefits:
The Woman-Employee should have worked in an establishment of her Employer for a Minimum Period of 80 days in 12 months immediately Preceding the date of her Expected Delivery.
Secondly the Maximum Period for which she can Avail Maternity Leave Benefit cannot Exceed 26 weeks, of which, not more than 8 weeks shall Precede the Date Of her Expected Delivery.
“The Object and Purpose of the 1961 Act being, to not only regulate Employment but also Maternity Benefits which Precede and follow childbirth, point in the direction that tying up the Tenure of the Contract with the period for which a Woman Employee can avail of Maternity Benefit is contrary to the Mandate of the Legislation i.e., the 1961 Act. Thus, as long as Conception occurs before the Tenure of the Contract executed between a Woman-Employee and her Employer expires, she should be entitled to, in our opinion, Maternity Benefits as provided under the 1961 Act.” the Court stated.
The Court said that the Benefit Granted to the Respondent under Section 5 of the 1961 Act should have a Full Pay once the Prerequisites are fulfilled by the Woman-Employee.
“The 1961 Act is a Social Legislation that should be worked in a manner that progresses not only the best interest of the Women-Employee but also of the child, both at the Prenatal and Postnatal Stage. Without financial wherewithal, the Interest of Women-Employee and her child is likely to be severely impacted” said The Delhi High Court.
