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Synopsis

The Madras High Court has held that contractual employees are entitled to maternity leave and all benefits under the Maternity Benefit Act of 1961.

"By virtue of Section 27 (of the Act), the provisions of the 1961 Act will prevail over contractual conditions denying or offering less favourable maternity benefits," court emphasised. 

A bench comprising Chief Justice K.R. Sriram and Justice Senthilkumar Ramamoorthy delivered this significant decision while dealing with a writ petition filed in 2018 by the MRB Nurses Empowerment Association.

The association, representing nurses employed by the State government under the National Rural Health Mission (NHRM), sought a direction from the court to ensure they received the mandated 270 days of paid maternity leave as outlined in the Act.

The State government, however, contended that these maternity benefits were not applicable to NHRM nurses due to their contractual status. The government argued that contractual nurses were only eligible for limited leave, such as a single day of casual leave each month, and were otherwise excluded from the benefits afforded to regular government employees.

Rejecting the State's position, the High Court underscored that the provisions of the Maternity Benefit Act supersede any contractual agreements that deny or limit maternity benefits. Court pointed out that, according to Section 27 of the Act, its provisions take precedence over any inconsistent laws or regulations.

Referring to the top court's recent judgment in Dr. Kavita Yadav v. Secretary, Ministry of Health and Family Welfare Department and others (2024), the bench highlighted that once a lady employee fulfills entitlement criteria specified in Section 5(2), she would be eligible for full maternity benefits even if such benefits exceed duration of her contract.

Maternity benefits are not coterminous with employment tenure, court stressed as per the top court's ruling. 

Court allowed the writ petition and the Department of Health and Family Welfare, Tamil Nadu to considered and disposed of that all pending and fresh applications for maternity benefits from NRHM nurses employed on contractual basis in terms of section 5 of the 1961 Act within 3 months from the date of receipt of a copy of the present order, or 3 months from the date of receipt of fresh applications, as the case may be.

Case Title: MRB Nurses Empowerment Association Vs. The Principal Secretary, vs. Department of Health and Family Welfare, Government of Tamilnadu and Others