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14Procedural Safeguard

Dr Astuty Apurwa vs Govt. of NCT of Delhi

Central Administrative Tribunal, Principal Bench2023OA No. 1116 of 2023

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.

Principle Established

Maternity benefits are not co-terminus with the employment tenure and survive the cessation of a contract.

Relevant Legal Provisions

Maternity Benefit Act, 1961
Practical Impact

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.

Disclaimer: The case summary, legal analysis, and practical notes on this page are for educational purposes only and do not constitute legal advice. The original PDF is sourced from public Indian court records. MedicoLegalAid does not claim ownership of the original judgement.

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