Empowering Motherhood: Key Provisions of the Maternity Benefit Act and Its 2017 Amendment"

The Maternity Benefit Act, 1961, is a landmark law crafted to safeguard and promote the health and welfare of women employees during pregnancy and after childbirth. It applies to establishments with 10 or more employees across sectors like factories, shops, mines, and plantations, ensuring that working women receive maternity benefits, including paid leave, job security, and medical support. Women who have worked at least 80 days in the 12 months preceding their expected delivery are eligible under this Act.

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Whether contractual woman employee is entitled to get maternity benefit?

 Though the view of the Division Bench of the Madhya Pradesh High Court is not binding on us, as the same has only persuasive value, we are nonetheless persuaded to accept the said view as we are in respectful agreement with the view taken. In this view of the matter, we hold that the petitioner, who is appointed as a Project Officer with respondent No. 2 on contractual basis on a consolidated monthly honorarium of Rs. 25,000/- per month is entitled to the maternity leave benefits of salary from 13th June, 2017 to 30th November, 2017.

29. In our opinion, therefore, the action of the respondents in denying the claim of the petitioner for grant of maternity benefits during her maternity leave period runs contrary to the legislative mandate flowing from the provisions of the said Act. Since this Court has already held that the benevolent object of grant of 180 days maternity leave to the woman employees cannot be and should not be limited to the women Government servants of the State of Maharashtra only, the same are also extended to the petitioner who is working as a Project Officer with the respondent No. 2 on contractual basis.

IN THE HIGH COURT OF BOMBAY

Writ Petition No. 3491 of 2018

Decided On: 19.10.2018

Archana Nanabhau Dahifale  Vs.  The State of Maharashtra and Ors.

Hon'ble Judges/Coram:

B.R. Gavai and M.S. Karnik, JJ.

Citation: 2019(2) MHLJ 697

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