GUWAHATI: The Gauhati High Court has ruled that even part-time contractual teachers are entitled to maternity benefits under the Maternity Benefit Act, 1961. The ruling came on writ petition filed by a part-time contractual teacher from Kendriya Vidyalaya Sangathan (KVS), who was denied maternity leave and associated benefits on the ground that such benefits were admissible only to regular employees.
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The petitioner was a part-time contractual teacher in KVs from June 2012 to March 2015. She gave birth to her child in April 2015. She applied for maternity benefits and was informed that maternity benefits were available only for permanent teachers as KVS rules stated so. According to the petitioner, the right to maternity leave and the associated benefits under the Maternity Benefit Act do not make a differentiation between permanent and contractual workers.
Reiterating the earlier judgments of Supreme Court in Municipal Corporation of Delhi v. Female Workers (Muster Roll) 2000, the high court upheld the provisions of the Act applicable to all women employees employed and qualified to be covered under the Act. The high court directed KVS to pay the petitioner the maternity benefits due to her within two months along with such additional amount(s) that may be admissible to her under the provisions of the Act.
Justice Nelson Sailo, while dismissing the present writ petition said, "It is also made clear that the amount to be received by the petitioner shall not be only restricted to the amount claimed by her but would also include any such other computation admissible in terms of the relevant provisions of the Act of 1961.”