Madhya Pradesh High Court maternity benefit ruling: The Madhya Pradesh High Court has ruled that paid maternity leave cannot be denied to a woman working in a state government establishment on the ground that she did not complete 80 days of service, setting aside an order that had deprived a guest faculty member of her honorarium during maternity leave.
Justice Vishal Dhagat was hearing a writ petition filed by one Dr Priti Saket challenging an order dated June 16, 2023, issued by the principal of Government Tilak PG College, Katni, which had amended her maternity leave to deny payment of honorarium during the leave period.
Justice Vishal Dhagat clarified that any leave beyond the 26-week statutory entitlement would be treated as leave without pay.
“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,” said the Madhya Pradesh High Court on March 24.
‘Constitutional mandate overrides technical bar’
The high court held that the 80-day eligibility condition cannot be applied rigidly to deny maternity benefits in state establishments, emphasising that the government has a higher obligation to ensure welfare.
In a key observation, the Madhya Pradesh High Court held, “Section 5(2) of the Act of 1961, bars benefit of maternity leave unless a woman has worked for 80 days in 12 months. 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.”
Invoking constitutional principles, the court underscored that India is constituted to be a “Sovereign, Socialist, Secular, Democratic Republic” and the state has to deliver justice, social, economical and political. Social justice includes welfare measures for health and family and the state is required to take welfare measures for its citizens, it said.
Referring to the Directive Principles under Articles 38 and 39, the Madhya Pradesh High Court stressed that health, dignity, and welfare of women workers must be protected, and statutory provisions must be interpreted in that spirit.
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“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. Spirit of the Constitution of India and directives principle cannot be overlooked by the constitutional court,” the Madhya Pradesh High Court added.
Petitioner’s grievance
- Dr Priti Saket, engaged as a contractual guest faculty member at Government Tilak PG College, Katni, was initially granted six months’ maternity leave with honorarium from April 5, 2023.
- However, the college administration subsequently issued an amended order dated June 16, 2023, withdrawing the financial component and allowing only unpaid leave.
- The modification was justified on the basis of a state government circular dated February 25, 2022, and provisions of the Maternity Benefit Act, 1961.
- Challenging the decision, the petitioner, through advocates Hitendra Kumar Golhani and Kajal Vishwakarma, argued that the withdrawal of honorarium was arbitrary, illegal, and contrary to statutory protections.
- The counsel submitted that she was entitled to paid maternity leave under the law.
- The petitioner alleged harassment and claimed that provisions of the Maternity Benefit Act, 1961, had been misapplied in her case.
State’s defence
Government Advocate Kamal Singh Baghel, opposing the plea, contended that the petitioner was a contractual appointee engaged only when regular faculty were unavailable, and therefore did not enjoy the same service benefits as permanent employees.
It was argued that under Section 5(2) of the Maternity Benefit Act, a woman is entitled to maternity benefits only if she has worked at least 80 days in the 12 months preceding the expected delivery, a condition the petitioner allegedly failed to meet. On this basis, the state maintained that the earlier order granting paid leave had been correctly modified.
Key legal question
The central issue before the Madhya Pradesh High Court was whether the statutory requirement of 80 days of work could be invoked by a state government establishment to deny maternity benefits.
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The court first examined the scope of the provisions of the Maternity Benefit Act, noting that its definition of “establishment” is wide and includes government institutions employing 10 or more people. It held that the Act clearly applies to the petitioner’s employment, despite her contractual status.
Relief granted: 26 weeks’ paid maternity leave
Allowing the petition, the Madhya Pradesh High Court set aside the impugned order dated June 16, 2023, and directed authorities to grant maternity benefits in accordance with Section 5(1) of the Act.
It ruled that the petitioner is entitled to 26 weeks of paid maternity leave, comprising eight weeks prior to delivery and 18 weeks after delivery, and payment of wages for this statutory period. However, the Madhya Pradesh High Court clarified that any leave beyond the 26-week statutory entitlement would be treated as leave without pay.
