80-Day Work Rule For Maternity Leave Inapplicable To State Govt Establishments: MP High Court
The case relates to a petitioner, working as a guest faculty, who filed a petition in the Madhya Pradesh high court challenging the trial court’s order of June 16, 2023, denying her honorarium but was granted leave from April five, 2023 for a period of six months.
Raipur: The Madhya Pradesh high court has ruled that the condition of working for 80 days in 12 months for women employees to be eligible for maternity leave benefit does not apply to the establishments of the state government.
Disposing of a petition in a case related to the matter, the bench of Justice Vishal Dhagat has held that ‘Section 5 (2) of the Act of 1961, bars benefit of maternity leave unless a woman has worked for 80 days in 12 months. Said bar of working 80 days in 12 months for availing benefit of grant of maternity leave shall not be applicable over establishment of State Government. State is required to take welfare measures for its citizens.
The case relates to a petitioner, working as a guest faculty, who filed a petition in the Madhya Pradesh high court challenging the trial court’s order of June 16, 2023, denying her honorarium but was granted leave from April five, 2023 for a period of six months.
She was denied the maternity leave benefit by the court under Section five of the Maternity Benefit Act, 1961.
The bench has held that the employee was engaged on contractual basis, and the nature of appointment under the category is temporary.
Hence, they cannot be said to be a government employee.
Therefore, the MP (Madhya Pradesh) Civil Services Leave Rules do not apply to the petitioner, the bench has held.
The court noted that the Section 2 (1) of the Act is a wide provision and covers any establishment belonging to the state government and also establishments where ten or more people are employed on any day preceding 12 months.
Hence, the petitioner can avail the maternity benefit.
“As per said Act, every woman has right to payment of maternity benefit according to provisions of Act of 1961”, the bench said.
Taking into account the spirit of the constitution, which expects the state to promote welfare of the people, the court has held that the bar of working 80 days in 12 months for availing the benefit of the grant of maternity leave shall not apply to the establishment of the state government.
