Denying maternity benefits on the basis of the nature of employment is abhorrent to the notions of humanity and womanhood, the Orissa High Court observed while directing the State Government to extend maternity benefits to a contractual employee.
The counsel on behalf of the government submitted that since the respondent-employee is governed by the terms of the contract, she is not entitled to maternity benefits.
The petitioner, Anindita Mishra, after delivering a female child, applied for maternity leave on 17 August 2016. In support of attaining motherhood, she has produced a medical certificate. However, the government refused to allow maternity leave, stating that contractual employees are not entitled to such benefits.
”Gods rejoice where women are honoured. Such ideal things should animate the purposive interpretation of State Policy concerning the welfare of women.
”In the good olden days in our social set-up, the place of women traditionally was her home. Now, we are living in different times. Because of various reasons, including poverty & illiteracy, women come out of their homes and gain entry to employment, public, private, contractual, or otherwise, as a source of livelihood. The State cannot provide public employment to everyone. It could have been ideal if it could provide,” Justice Dixit Krishna Shripad and Justice M.S. Sahoo stated in the order directing the government to extend maternity benefit to the petition within eight weeks.