In the recent case of Smt. Archana Pandey vs. The State of Madhya Pradesh, the MP High Court has held that the maternity leave should be granted to the contractual workers at par with the regular employees.
In this case, the state was denying the maternity leave by relying the Appointment of the employee on the contractual terms which states that the maternity leave can only be granted if the contractual employees complete the one year of service. While delivering the judgment, Justice Sujoy Paul had noted that as per Section 27 of the Maternity Benefit Act, irrespective of the nature and tenure of the employment, the employer is constitutionally bound to provide all the facilities to the woman for the birth of child. Furthermore, the Court had observed that by not granting the maternity leaves to the contractual employees would be contrary to the legislative mandate.
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