In the case of Neeta Kumari vs Union of India & Ors, a dispute arose between the petitioner (employee) and respondent (employer) with respect to the denial of the maternity benefits on the grounds of being a contractual worker.
Placing reliance on the Supreme Court’s judgement in Kavita Yadav vs Ministry of Health & Family Welfare Department wherein the Supreme Court stated that entitlement to maternity benefit under the Maternity Benefit Act, 1961 travels beyond the term of the employment and is not co-terminus with the employment tenure, the Calcutta High Court held that denying maternity benefits to the petitioner constituted discrimination and violated her legal rights.
Taking note of the illegality of the respondent’s actions, the court directed the respondent to provide compensation in the form of maternity leave with pay for the period it was denied at the backdrop of the contractual worker.
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