U’khand HC strikes down rule which bars maternity leave to govt staff for third child
Vineet.Upadhyay@timesgroup.com
Nainital: 04.08.2018
The Uttarakhand high court has struck down a state government rule denying leave to women employees for the birth of their third child as “unconstitutional”. The court said the guidelines went against the “letter and spirit” of the Constitution.
The order by the single bench of Justice Rajiv Sharma said the second provision of Fundamental Rule 153 of the Uttar Pradesh Fundamental Rules, as adopted by Uttarakhand, goes against a central act as well as Article 42 of the Constitution, which provides for “just and humane conditions of work and maternity relief ”.
The court said the rule was against the Maternity Benefit Act, 1961 which does not prohibit, in any manner, grant of maternity leave to a woman government servant who already has two children.
The Maternity Benefit Act, 1961, is applicable to all private and government establishments, employing 10 or more people. In 2017, an amendment to the Maternity Benefit Act, 1961, increased the duration of paid maternity leave available for women employees from 12 weeks to 26 weeks and in case of women expecting their third child, the duration was fixed at 12 weeks.
The court’s order on July 30, made public on Thursday, came while hearing a petition filed by Urmila Masih, a state government employee, who applied for maternity leave for six months from June 20, 2015 to December 9, 2015. She was denied maternity leave on the grounds that she already had two children.
The court also observed that in 2011the Punjab and Haryana high court had held that the Maternity Benefit Act does not restrict the benefit of maternity leave beyond the birth of two children.
The court directed that Masih be paid the salary for the leave she had availed in 2015 when maternity leave was denied to her.
Vineet.Upadhyay@timesgroup.com
Nainital: 04.08.2018
The Uttarakhand high court has struck down a state government rule denying leave to women employees for the birth of their third child as “unconstitutional”. The court said the guidelines went against the “letter and spirit” of the Constitution.
The order by the single bench of Justice Rajiv Sharma said the second provision of Fundamental Rule 153 of the Uttar Pradesh Fundamental Rules, as adopted by Uttarakhand, goes against a central act as well as Article 42 of the Constitution, which provides for “just and humane conditions of work and maternity relief ”.
The court said the rule was against the Maternity Benefit Act, 1961 which does not prohibit, in any manner, grant of maternity leave to a woman government servant who already has two children.
The Maternity Benefit Act, 1961, is applicable to all private and government establishments, employing 10 or more people. In 2017, an amendment to the Maternity Benefit Act, 1961, increased the duration of paid maternity leave available for women employees from 12 weeks to 26 weeks and in case of women expecting their third child, the duration was fixed at 12 weeks.
The court’s order on July 30, made public on Thursday, came while hearing a petition filed by Urmila Masih, a state government employee, who applied for maternity leave for six months from June 20, 2015 to December 9, 2015. She was denied maternity leave on the grounds that she already had two children.
The court also observed that in 2011the Punjab and Haryana high court had held that the Maternity Benefit Act does not restrict the benefit of maternity leave beyond the birth of two children.
The court directed that Masih be paid the salary for the leave she had availed in 2015 when maternity leave was denied to her.
No comments:
Post a Comment