Contractual And Daily Wage Female Employees Entitled To Maternity Benefits Irrespective Of Nature Of Establishment: CAT, New Delhi

Brief Facts:

The Applicant was appointed as a Senior Resident (OBS and Gynae) on a contractual basis at Sardar Vallabh Bhai Patel Hospital and GNCTD (“Hospital”). Through an office order, the Hospital granted her maternity leave for 34 days only, starting from 2nd November 2023 to 25th December 2023, the last day of her current tenure. The Hospital's decision was based on guidelines from the Health and Family Welfare Department (Delhi). Feeling aggrieved, the Applicant filed an original application in the Central Administrative Tribunal, New Delhi (“Tribunal”). She sought various reliefs, including the quashing of the Hospital's order on grounds of arbitrariness, malice, discrimination, and illegality.

She contended that instead of granting the full benefit of maternity leave, the Hospital only approved leave for about one month, without extending her tenure further. She was entitled to 180 days of maternity leave under Section 5(2) of the Maternity Benefit Act, of 1961. Further, she contended that maternity leave benefits must extend to all employees, whether permanent or on contractual terms.

Contentions of the Hospital:

The Hospital asserted that the Applicant was appointed on an ad hoc basis for 89 days or until the appointment of a Senior Resident on a regular basis, whichever occurred first. This ad hoc appointment was renewed periodically, and the last renewal, per an order dated September 21, 2023, was for a period of 89 days, extending from September 28, 2023, to December 25, 2023, or until the posts were filled on a regular basis, whichever came first.

Subsequently, the applicant applied for Maternity Leave on November 22, 2023, and this was granted to her via a letter dated December 1, 2023, spanning from November 22, 2023, to December 25, 2023. This grant of leave was made under the directions issued by the Secretary of Health & Family Welfare Department (Delhi). The Hospital also clarified that the period of the Applicant's ad hoc appointment had expired on December 25, 2023. Further, her ad hoc status did not entitle her to the benefits or expectations associated with a permanent appointment.

Observations of the Tribunal:

At the outset, the Tribunal referred to the case of Female Workers (Muster Roll)[SLP No. 12797/1998], where the Supreme Court held that the benefits of the Maternity Benefit Act, 1961, must be extended to all female employees, regardless of their employment status. Further, the denial of these benefits to casual or daily wage workers lacked justification. The Tribunal further perused Section 5 of the Maternity Benefit Act, which entitles every woman to maternity benefits, contingent upon certain conditions, including a minimum period of work preceding the expected delivery date.

Additionally, the Tribunal referred to Government of NCT Delhi and Others vs Shweta Tripathi and Anr. [WP (C) No. 3089/2014], where the Delhi High Court highlighted the disparity in maternity benefits granted to contractual employees compared to permanent employees. The Delhi High Court referred to the principle of non-discrimination in maternity benefits. Section 5(3) of the Maternity Benefit Act, 1961, was also cited, emphasizing the obligation of every establishment to grant maternity benefits.

In light of these considerations, the Tribunal concluded that the Applicant, as a contractual employee, was entitled to maternity leave, and there was no justification to deny her the full 180 days of leave.

Consequently, the Hospital's impugned order was quashed, and the Hospital was directed to grant a total of 180 days of maternity leave to the Applicant. However, due to the notification and selection of candidates against tenure posts, the Tribunal clarified that the Applicant's tenure could not be extended beyond the expiry of her maternity leave.

Case Title: Dr. Deepali Gola vs Government of NCT Delhi and Anr.

Case No.: O.A. No. 4050/2023

Advocate for the Applicant: Mr Mukesh Kumar Sharma

Advocate for the Respondents: Ms Purnima Maheshwari

Date of Order: 15.05.2024