Hon'ble Dr. Satish Chandra,J.
Heard learned counsel for the petitioner. Learned Standing Counsel appears for the respondents.
The petitioner was serving as a Lecturer in Government Post Graduate Degree College, Hardoi on contract. A regularly selected candidate replaced the petitioner on which under the orders of the Director of Higher Education, she was allowed to join in Government Women Degree College, Aliganj, Lucknow. It is alleged that expecting child birth, she applied for leave w.e.f. 1.12.2009. She delivered the child on 12.12.2009 but the leave has not been sanctioned to the petitioner, so far.
Learned Standing Counsel would submit that the petitioner is not a regular employee. She is working on contract and that the provisions of the maternity leave applicable to the teachers and employees of the State Government and other Colleges as well as Maternity Benefit Act, 1961 are not strictly applicable to her.
In Municipal Corporation of Delhi vs. Female Workers (Muster Roll) and another (2000) 3 SCC 224 the Supreme Court, after considering the rights of a lady for maternity leave held that the Maternity Benefit Act, 1961 extended the benefits even to the muster roll employees. It was observed by the Supreme Court that a just social order can be achieved only when inequalities are obliterated and everyone is provided what is legally due. Women who constitute almost half of the segment of the society have to be honoured and treated with dignity at places where they work to earn their livelihood. Whatever be the nature of their duties, their avocation and the place where they work; they must be provided all the facilities to which they are entitled. To become a mother is the most natural phenomenon in the life of a woman, whenever leave is needed to facilitate the birth of child to a woman who is in service, the employer has to be considerate and sympathetic towards her and must realise the physical difficulties which a working woman would face in performing her duties at the workplace while carrying a baby in the womb or while rearing up the child after birth. The Maternity Benefit Act, 1961 aims to provide all these facilities to a working woman in a dignified manner so that she may overcome the state of motherhood honourably, peaceably, undeterred by the fear of being victimised for forced absence during the pre- or post-natal period.
The petitioner has a right to avail the maternity leave, which is applicable to regularly employed lecturers in the Government Degree Colleges.
Although the respondents have not yet taken a decision on the leave application, we do not find that the objection taken by the Standing Counsel, that a contractual employee is not entitled to maternity leave, is justified. The purpose of the maternity leave does not change with the nature of employment. It is concerned with human rights of the women. The employers and courts are bound under the constitutional scheme, guaranteeing right to life, including right to live with dignity and to protect the health of both the mother and child to preserve these rights.
The writ petition is accordingly disposed of with directions to respondent nos. 2 and 3 to consider and decide petitioner's application for maternity leave within a period of two weeks from the date she submits her application in accordance with the judgment in Municipal Corporation of Delhi vs. Female Workers (Muster Roll) and others cited as above, and the observations made in this judgment.
Order Date :- 27.1.2010 RKP