The Bombay High Court today observed that the Maternity Benefits Act 1961 is a `` good reason not to appoint women'' while hearing a case where a woman was allegedly sacked while she was on maternity leave.
The division bench of Justice D K Deshmukh and Justice N D Deshpande were hearing a petition filed by Kantilal Chhaganlal Securities challenging the order of the competent authority under the Act - the Assistant Commissioner of Labour, Mumbai.
Waving a copy of the Act, Justice Deshmukh asked, With this Act in force, why do you want to appoint women? This is good reason not to appoint women. However while passing the order, the judges directed the company to deposit Rs 30 lakh of her backwages on Tuesday.
The 28- year- old professional Veena (name changed) was allegedly fired while she was on maternity leave. Under the Act, a pregnant woman is entitled to 12 weeks' paid leave which includes six weeks until delivery and another six after that. She was sanctioned maternity leave between July 21 to October 20, 2008. She delivered on August 11, 2008 after which she sent an application for payment of her salary during this period. She was surprised when the company replied on October 7, 2008 that her services are terminated.
Veena moved the Assistant Commissioner of Labour, Mumbai. On June 10, 2010, Assistant Commissioner R M Parshetty noted in his order that she was " deprived of her legitimate rights to maternity benefits and medical bonus". Also that this deprivation and dismissal is " contrary to provisions of the Act and the same is unlawful and illegal." He directed Veena to be reinstated with payment of backwages, an extra month of maternity leave and medical bonus. The company challenged this order. Their lawyer told the court that they terminated her services on October 20, 2008 after her sanctioned leave was over and not before that.
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