Dr Astuty Apurwa vs Govt. of NCT of Delhi
Court
CAT
Year
2023
Category
Procedural Safeguard
Compensation
Hospital directed to grant full 26 weeks of maternity leave instead of 14 days.
Background
Dr. Astuty Apurwa, an ad-hoc senior resident, applied for 26 weeks of maternity leave. The hospital granted only 14 days, stating her ad-hoc tenure ended and could not be extended. She challenged this restriction based on the Maternity Benefit Act.
The Legal Question
Whether maternity benefits under the Maternity Benefit Act, 1961 apply to a female employee appointed on contract if the benefit period overshoots the contractual period.
The Court's Decision
The Tribunal quashed the hospital's order and held that maternity benefits survive the duration of employment, directing the hospital to grant the full 26 weeks of maternity leave.
Maternity benefits are not co-terminus with the employment tenure and survive the cessation of a contract.
Relevant Legal Provisions
What This Means for Your Practice
Ad-hoc and contract doctors are fully entitled to 26 weeks of maternity leave.
Employers cannot deny maternity benefits on the grounds that the contract tenure has expired.
Refusing to extend a contract to avoid paying maternity benefits constitutes an illegal discharge.
Original Judgement
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