In Harpreet Kaur v. State of Punjab, the Punjab & Haryana High Court held on August 8, 2025, that denying maternity leave to a contractual employee under the Maternity Benefit Act, 1961 violates Article 14 of the Constitution, which mandates equality before the law. Justice Aman Chaudhary emphasized that discrimination based solely on the nature of employment whether regular or contractual, runs counter to the law’s intent as a beneficial legislation. Thus safeguarding working women during pregnancy and motherhood.
The case involved a clinic assistant employed under the Aam Aadmi Clinic scheme in Bathinda. She was initially granted maternity leave following oral orders by the Civil Surgeon. But was later denied rejoining after delivering her child. Although she was eventually allowed to rejoin, the Court’s ruling clarified that such denial is unconstitutional.
Why It Matters
This decision sends a strong message. Contractual female employees are equally entitled to maternity benefits, reinforcing constitutional protections and labour rights. Employers, policymakers, and institutions must ensure compliance and avoid discriminatory practices in granting statutory maternity entitlements.
Consult a legal professional if you’re a contractual employee who has been denied maternity leave or other associated benefits. This ruling affirms your entitlement under law. Call +91-8569843472
