There have been demands for grant of maternity leave for ad-hoc employees in DU. The Maternity Benefit Act does not discriminate between / amongst different categories of employees. THE ACT APPLIES TO ALL. This has been made clear by the High Court of Uttrakhand in the case of Smt Indu Joshi Vs. the State of Uttrakand. Please go through the judgement to also know the eligibility conditions (including of putting in only 80 days service in the 12 month period before the expected date of delivery).... The detailed judgement can be accessed on: lobis.nic.in/uhc/SD/judgement/19-07-2013/SD08072013WPSS8262012.pdf The operative part of the judgement is given below for ready reference: ..... 7. The Hon’ble Apex Court in the case of Municipal Corporation of Delhi v. Female Workers (Muster Roll) and Another reported in (2000) 3 SCC 224 has held that the Maternity Benefit Act makes no difference between the permanent, temporary and contractual employees and such benefits as envisaged are applicable to all. Moreover, counsel for the petitioner has taken this Court to Section 5(2) of the Act which says that maternity benefit is applicable for a worker, who has worked for 80 days in an establishment of the employer. The petitioner has been working since 2006 although on contractual basis. As held by the Hon’ble Apex Court in Municipal Corporation (Supra) the Act makes no distinction between permanent, temporary and contractual employee. This Court is of the view that the benefits under the Act as well as under the Rules, all orders which prevent, are equally applicable to all the employees. Therefore, the writ petition is liable to be allowed and is hereby allowed. 8. The respondents are hereby directed to give all the benefits of the Act as applicable to the petitioner irrespective of the fact that she has been presently working on contractual basis. It is further directed that the leave which she has undergone (from 17.5.2012 to 12.11.2012) i.e. 180 days shall be taken as maternity leave and continuity in service shall be maintained and should not be treated as break in service. The petitioner shall also be paid monitory benefits for the said leave within one month from the date a certified copy of this order is produced. ..... In view of the above, if ad-hoc teachers/ employees have been denied the benefit that was due to them they should seek a legal remedy in case the administration still fails to see reason after the judgement.
Posted on: Sun, 25 Jan 2015 03:54:51 +0000
Recently Viewed Topics
© 2015