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Synopsis

The Himachal Pradesh High Court recently observed that maternity leave is a fundamental human right, which cannot be denied.

The object of maternity leave is to protect the dignity of motherhood by providing full and healthy maintenance to the woman and her child. Maternity leave is intended to achieve social justice for women, motherhood and childhood, both require special attention, said the court.

The division bench of Justices Tarlok Singh Chauhan and Virender Singh was hearing a petition filed by the State against the order passed by the Himachal Pradesh Administrative Tribunal whereby the respondent namely Sita Devi was granted deemed maternity leave and other consequential benefits of conferment of work charge status on completion of 8 years service.

The respondent in the present case was a daily-wage woman employee. In 1996, the respondent took three months of maternity leave after giving birth, and because of her pregnancy and delivery, she worked just 156 days instead of the minimum 240 days in a year. The Tribunal ruled that according to section  25(B)(1) of the Industrial Dispute Act, the respondent's maternity leave should be deemed continuous service.

Aggrieved by this order, the State filed the present petition.

Additional Advocate General appearing on behalf of the State submitted that since there was no provision in the department for granting maternity leave to the female daily wage workers in the year 1996, therefore, the Tribunal could not have directed the petitioners to grant said relief.

The court relied on the case of Municipal Corporation of Delhi vs. Female Workers & Anr. 2000, wherein the top court had said that "Article 21 of the Indian constitution includes the right to a mother and that to become a mother is the most natural phenomenon in the life of a woman. The provisions of the Maternity Benefit Act, of 1961 entitled maternity leave even to women engaged on a casual basis or on a muster roll basis daily wage and not only those in regular employment. Further the provisions of the Act in this regard are wholly in consonance with the Directive Principles of the State Policy as contained in Articles 39, 42 and 43 of the Constitution of India".

The actions of the State are violative of articles 29 and 39 D of the Indian Constitution, the high court held.

Accordingly, the court dismissed the petition filed by the state.

Case Title: State of H.P. & Ors. vs. Sita Devi

Statue: Section  25(B)(1) of the Industrial Dispute Act, Constitution of India, Maternity Benefit Act 1961