The Orissa High Court has ruled that women employees cannot be denied maternity leave just because they are on a contractual basis. The Division Bench stressed that such denial goes against basic human values and dignity of womanhood. The case involved a woman appointed as a ‘Young Professional’ under a government scheme. Her maternity leave request was rejected without reason. She challenged this through a writ petition, which the Single Judge allowed. The State appealed, arguing that contractual staff aren’t eligible. The Court rejected this, relying on Supreme Court rulings like Dr. Kabita Yadav v. Secretary, Ministry of Health & Welfare, and held that maternity benefits apply to all women employees. The Bench emphasized that all women form a single class under Article 14 of the Constitution. It added that policies must honor international conventions like CEDAW and ICESCR.
The Court highlighted the concept of “zero separation” between a mother and newborn as a fundamental right. It concluded that welfare laws must apply to all employees, regardless of job status. The appeal was dismissed, upholding the right to maternity leave for contractual employees.
