Bombay High Court rules woman working on temporary basis entitled to maternity leave despite temporary breaks

The Bombay High Court has held that even if a woman is working on temporary basis on daily wages, she is entitled to the benefits of the maternity leave.

With this view, the High Court has granted relief to a woman working with Rajarshree Chhatrapati Shahu Maharaj Government Medical College, Kolhapur on a temporary post of Assistant Professor in Obstetrics and Gynaecology Department.

High Court noted that since 21st September 2018 the woman had been working continuously and uninterruptedly. In May 2021, the petitioner was 8 and ½ months pregnant and, therefore, was entitled to get the benefits of maternity leave. 

On 7th May 2021, the petitioner woman had made an application to the Department of Obstetrics and Gynaecology and requested to extend the benefits of maternity leave to her.

The period of maternity leave, which the petitioner sought was from 8th May 2021 to 16th September 2021 i.e. for total a131 days. According to the petitioner woman, the benefit of maternity leave comes to Rs. 4,36,666/-, which has not been paid to her. The said period was treated as leave without pay.

The Medical College said that indicates that in respect of those women Professors, who are working on temporary basis (for 120/360 days) and whose services are continued by giving technical break, the benefits of maternity leave to such Assistant Professors / Professors is not granted.

"Admittedly, the petitioner has been working continuously as an Assistant Professor from 21st June 2018 till 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", High Court's bench of Justices Ajit B. Kadethankar and MS Karnik noted.

High Court held 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. Relying on Section 5 of the Maternity Benefit Act, 1981 court said, "We thus find that in terms of sub-section (1), every woman shall be entitled to, and employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day. The other conditions as laid down in Section 5 of the said Act have been fulfilled by the petitioner. 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."

Thus, while allowing the petition court ordered that if the amount as demanded in the application dated 28th May 2021 is not paid within a period of 4 weeks, the same shall carry interest @ 9% p.a. till actual disbursement. 

Case Title: Dr. Vrushali Vasant Yadav vs. The State of Maharashtra

Bench: Justices MS Karnik & Ajit B. Kadethankar

Order Date: December 16, 2025