The Delhi High Court in a recent order imposed a cost of Rs 50,000 for filing an appeal against a Delhi High Court order granting maternity and medical benefits for a period of 26 weeks to a woman who was a contractual worker with the government. A division bench of the high court said it was surprised at the appeal filed by the Delhi government which is giving great publicity to the steps being taken to promote the interest of women in Delhi and and has recently announced Mukhyamantri Mahila Samman Yojna scheme.
In 2023, a single-judge bench of high court refused the woman’s petition for re-engagement on the post of stenographer on contractual basis. However, it asked the Delhi government to pay wages for the entire period of the maternity leave availed by her. The single-judge bench had ruled that law stands settled in this regard that the nature of employment shall not decide whether a woman employee would be entitled to maternity benefits.
The AAP government contended that the woman’s contractual engagement was expiring on March 31, 2018 and, therefore, the government could not be asked to pay wages for the entire period of the maternity leave availed by her which extended till August 31, 2018.
The AAP government said that it could at the best pay the wages till March 31, 2018.
The division bench said that as per Section 5 of the Maternity Benefit Act, 1961 the benefits payable to the woman would not come to an end on expiry of the term of her contractual engagement.
The court said that it was surprised that the AAP government in Delhi, which is giving great publicity to the steps being taken to promote the interest of women in Delhi and has under its recently announced scheme i.e., Mukhyamantri Mahila Samman Yojna promised to pay all adult women in the city except those who are tax-payers/government employees or are drawing pension, a monthly sum of Rs.1,000/- in the future has chosen to file such a misconceived appeal to assail an order which grants the benefits under the Act to a young woman, who has with utmost dedication served in the Delhi State Consumer Forum for over 5 years.
“We, therefore, find no merit in the appellant’s plea that the respondent was not entitled to receive any benefits under the Act for the period beyond 31.03.2018, the date when the term of her contractual engagement was expiring.”
The court ruled that there was absolutely no reason to interfere with the previous high court order insofar as it directs the appellants to pay to the respondent salary and other monetary benefits for a period of 26 weeks for which period she had sought maternity benefits.
“The appeal being misconceived is alongwith all pending applications dismissed with costs of Rs.50,000/. Costs be paid to the respondent within four weeks” the court ruled.