Recently, the Rajasthan High Court has overruled the decision of granting 90 days maternity leave to a female employee of Rajasthan State Road Transport Corporation (RSRTC). Based on Regulation 74 of the RSRTC Employees Service Regulations, 1965, a woman employe is allowed to take 180 days leave instead of 90 days maternity leave as mandated by the Maternity Benefits Act, 1961 Act after the 2017 amendment.
According to Justice Anoop Kumar Dhand, it was not only discriminatory but also violative of fundamental rights under Articles 14 and 21 of the Constitution of India.
Maternity Benefit (Amendment) Act, 2017
“An Act to regulate the employment of women in certain establishment for a certain period before and after child-birth and to provide for maternity benefit and certain other benefits.”
Background of the case
The case snatched the limelight as it overturned the regulation of 180 days maternity leave. The petitioner applied for maternity leave of 180 days but only 90 days was sanctioned by the employer, based on their internal regulations.
The issue presented to the course was whether the statutory requirement of granting 180 days of maternity leave would override the internal policy of an RSRTC.
Provisions Under the Maternity Benefit (Amendment) Act, 2017
- Maternity Benefit (Amendment) Act, 2017 (‘the Amended Maternity Act') whereby the maternity leave was increased from 12 to 26 weeks (180 days).
- Judicial precedents set by the Apex Court (the Supreme Court of India), imply that past court rulings support or clarify this provision.
- Articles of the Constitution of India
Final Verdict For the Case
In the final judgment, the Hon’ble Court ruled that sanctioning 90 days leave was discriminatory. It emphasised that employer’s regulations cannot override the provisions of the Amended Maternity Act. Further, the Court directed the employer to grant 180 days of maternity leave to the petitioner, with adjustments for any leave already taken. If the leave cannot be granted, the employer must provide 90 days' salary as compensation.
