Punjab and Haryana High Court, in Harpreet Kaur vs. State of Punjab and Others [CWP-19393-2023 (O & M)], examined whether denying maternity leave to a contractual employee under the Maternity Act amounted to discrimination and violated the constitutional guarantee of equality under Article 14. It held that such denial does constitute discrimination based on the nature of employment and is therefore unconstitutional. The Court emphasized that the Maternity Act is a beneficial legislation intended to protect the rights of working women during pregnancy and motherhood, and that differentiating between regular and contractual employees for maternity benefits undermines the Act’s purpose. In reaching its decision, the Court relied on the precedent set in Dr. Kavita Yadav vs. The Secretary, Ministry of Health and Family Welfare Department [(2024) 1 SCC 421], which recognized that fixed-term or contractual employees are entitled to full maternity benefits, even beyond the duration of their contractual tenure. Applying this principle, the Court quashed the employer’s letter rejecting the employee’s request to rejoin post-delivery, observing that maternity protection applies irrespective of contractual status. Consequently, the Court allowed the employee’s plea, noting that she had already been permitted to resume her duties.
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