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All maternity benefits including leave are to be given to all employees including contractual employees -

Denial of benefits under the Maternity Benefits Act, 1961, holding that the employee is not entitled to the same in view of terms and conditions of her/his appointment letter, is illegal. As per 'Convention on Elimination of all Forms of Discrimination against Women' as adopted by United Nations and as per universal declaration of Human Rights, there is total prohibition in the matter of discrimination or denial of benefits under the statutory laws, on the basis of any private contract of employment. Social justice is an integral part of only industrial law but its sweep is comprehensive. It is founded on the basis of ideal of socio-economic equality and its aim is to assist the removal of socio-economic disparities never the less in dealing with industrial matters, it does not adopt a doctrinaire approach an refuses to yield blindly to abstaract notions, but adopts a realistic and pragmatic approach.

The object of the Maternity Benefits Act, 1961, as interpreted by the Supreme Court of India is to provide all facilities to a working woman in a dignified manner so that she can overcome the state of motherhood honorably, feasibly without and clear victimization or without being a victim of forced absence from her place of work. There is no hesitation that a workman irrespective of the place where she is working and irrespective capacity of her appointment, the nature and tenure of her appointment and the duties performed by her, when it comes to granting her the benefit of facilities required to give birth t a child, the employer is duty bound under the Constitution to provide all the benefits to all concerned employee including muster roll employees and there is no reason as to why the contractual employees be not granted these benefits.

-Mrs. Priyanka Gujarkar Shriuastaua vs. Registrar General and Another. 2017 Lab IC 1646 (M.P. H.C.)


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