Maternity Benefit Act beneficial legislation for safeguarding rights of pregnant women: Delhi HC
Dec 11, 2021
New Delhi [India], December 11 : The Delhi High Court has said that the Maternity Benefit Act is beneficial legislation for the purpose of safeguarding the rights of pregnant women.
"The Act is beneficial legislation for the purpose of safeguarding the rights of pregnant women. The provisions of the Act have to be given effect to, in letter and spirit. Technical issues would not come in the way of the Court or the authority concerned, in recognizing the said benefits," said Justice Pratibha M Singh.
The court's remark came while dismissing a petition filed by an educational institute challenging the order dated August 13, 2020, passed by the Inspecting Officer/Inspector, Office of the Joint Labour Commissioner (District South) Labour Department, Delhi Government under the Maternity Benefit Act.
The court remarked that an organisation is expected to be empathetic to the cause of a pregnant woman rather than making bald allegations against her, especially when the Petitioner came to know that Respondent No.2 (woman professor) was at an advanced stage of pregnancy. "The impugned order also shows clearly that in fact, after she has proceeded on maternity leave, she had been asked to take classes online which she did take on November 27, 2018," the court observed.
The court said that in view of the circumstances in the petition and the provisions of the Act, the petitioner ought not to have pursued its objections and raise such baseless pleas against respondent No. 2.
The court said that the present petition of the educational institute is not maintainable and no interference is warranted against the impugned order.
"However, since the awarded amount is yet to be paid since 2018 and three years have passed in pursuing this matter, in addition to the awarded amount, litigation expenses of Rs 50,000/- are directed to be paid to Respondent No. 2. The entire awarded amount along with the litigation expenses shall be paid on or before December 30, 2021. If the amount is not paid by December 30, 2021, interest @ 9 per cent per annum shall be liable to be paid with effect from August 13, 2020, i.e., the date of the award," the court said.
The case of the educational institute was that it was not aware that respondent No. 2 was pregnant and intimation was given to the petitioner only after the relieving letter was served on her on October 17, 2018, thus, the educational institute submitted that the awarding of maternity benefit for six months under the Act is untenable.
On the other hand, the respondent professor submitted that an email was sent to the Petitioner institute on October 17, 2018, prior to the time the relieving letter was received by her, whereby she informed the Petitioner of being at an advanced stage of pregnancy, and apprised the Petitioner that she would be required to go on maternity leave from the first week of November 2018, on the advice of her gynaecologist.
