State can't deny maternity benefits to pregnant women citing 80-day work rule: Madhya Pradesh High Court

The Madhya Pradesh High Court has ruled that a rule requiring women employees to have worked at least 80 days for being eligible to avail maternity leave benefits does not apply to State-run establishments [Dr Priti Saket v The State of Madhya Pradesh and Others]..Section 5(2) of the Maternity Benefit Act states that a woman employed in an establishment for less than 80 days before the date of expected delivery shall not be entitled to the maternity benefits.However, Justice Vishal Dhagat said this requirement of working 80 days in 12 months for availing the benefit of paid maternity leave is only applicable to private workplaces."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 ... Order will apply to State Government and rigour of 80 days work in previous 12 months for availing maternity leave benefit shall apply in accordance with Act over other establishments except State Government,” the Court said..The Court explained that the State is required to implement welfare measures for its citizens. It added that a Constitutional court cannot overlook the spirit of the Constitution of India and its directive principles.“India is constituted to be Sovereign, Socialist, Secular, Democratic Republic. State has to deliver justice, social, economical and political. Social justice includes welfare measures for health and family. As per Article 38 of the Constitution of India, State shall strive to promote welfare of people and Article 39 of the Constitution of India lays down that State shall direct its policy towards securing health and strength of workers, men and women particularly children of tender age. State is also required to provide equal justice and free legal aid as per Article 39A of the Constitution of India. Aforesaid directives principles are guidelines for the State Government to formulate its policy,” it said..The Court passed the ruling on a plea moved by a guest teacher who was granted maternity leave in 2023 but without any honorarium. The State government said that she was denied the benefit of paid maternity leave in view of Section 5(2) of Maternity Benefit Act, 1961.Concluding that the State cannot deny maternity leave benefits due to such a bar, the Court ruled that the teacher (petitioner) will be entitled for paid leave for a period of 26 weeks.“For said period, petitioner is to be given benefit of the wages. For rest of leave period, no honorarium is to be paid to petitioner and will be treated to be leave without pay,” it ruled..Advocates Hitendra Kumar Golhani and Kajal Vishwakarma represented the petitioner.Advocate Kamal Singh Baghel appeared for the State.[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.