Maternity Rights Integral Part Of Identity Of Woman: Delhi HC While Directing Reinstatement Of ‘Illegally’ Terminated DU Employee

In the present petition, the petitioner was aggrieved by the sudden termination as well as the non-payment of salary during the her maternity period.

A bench of Justice Chandra Dhari Singh thus observed, “…This Court in a catena of judgments has time and again reiterated that maternity benefits cannot be denied to a female employee merely because the nature of such employment is contractual. Denial of the said benefits is inhumane and in violation of Fundamental Rights. Maternity rights are not something that is based on a statute but stands to be an integral part of the identity of a woman. Denial of such rights is in fact standing in the way of a woman choosing to bring life into the world, thereby violating her fundamental right to life. Such denial is indeed against the principle of social justice”.

Advocate Chandrika Mishra appeared for the petitioner, CGSC Rajesh Gogna appeared for the respondent.

In the present matter the petitioner was posted as a female attendant at Geetanjali Hostel, South Campus, Delhi University (the respondent institution). She was appointed on an ad-hoc basis, for an initial period of six months, beginning from 4th July 2018. Thereafter she applied for a maternity leave with effect from May 5, 2022 to November 4, 2022 which was communicated to the respondent institution on April 19 2022, which was also subsequently approved.

It was also stipulated that the petitioner’s contractual term was extended for a period of six months w.e.f., 2nd July 2022 till 31st December 2022. The petitioner however stated that she did not receive the salary during her maternity leave period i.e., from July 2022 to November 2022.

Pursuant to which upon rejoining the services of the respondent institution, the petitioner was apprised of the fact that her services had been terminated and she had been permanently replaced. Therefore, it was contended that she was entitled to a paid maternity leave of 26 weeks, however the same was not complied with by the respondents. Further that the respondent institution terminated the services of the petitioner without providing a cogent reason or issuing a show cause notice.

In the arguments it was urged firstly that Section 11 of the University Non-Teaching Employees (Terms and Conditions of Service) Rules, 2013, a temporary employee is entitled to receive a notice of one month prior to his/her termination. Secondly, that Section 12 of the Maternity Benefit Act, 1961 lays down a specific provision whereby dismissal of a female employee during absence or pregnancy from work is prohibited, therefore, the action of the respondent institution is unlawful and arbitrary.

Considering the facts and circumstanced, the bench thus noted, “…the instant petition is allowed and the respondents are directed to reinstate the petitioner on her previous post or any other post as per her eligibility. It is also directed to pay the maternity benefits as per the Act, 1961 within four weeks from today. Applying the principle of “no work no pay”, this Court deems it fit to grant compensation to the petitioner, as she was illegally terminated and therefore, it is also directed to pay the amount of Rs.50,000/- as compensation to the petitioner”.

Cause Title: Neelam Kumari v. The University Of Delhi & Ors. [Neutral Citation: 2023:DHC:7372]