Source: Himachal Pradesh High Court

Why in News?

Recently, the Himachal Pradesh High Court in the matter of The Secretary, Managing Committee of Loreto Convent Tara Hall School v. Sharu Gupta and Ors., has held that take care of a child is not only the fundamental right of the woman but also a pious role to be performed by her for the existence of Society.

What is the Background of The Secretary, Managing Committee of Loreto Convent Tara Hall School v. Sharu Gupta and Ors. Case?

• In the present case the respondent was appointed in petitioner school as Assistant Teacher on contract basis.
• She was appointed on probation and later her services were terminated.
• After the delivery of the baby, the respondent preferred a complaint under Section 17 of Maternity Benefits Act, 1961 before the Labour Inspector for setting aside the termination order.
• The Authorized Inspector allowed the complaint and issued directions to reinstate respondent and to pay her maternity benefits.
• Aggrieved by this, the petitioners approached the High Court which was later dismissed by the Court.

What were the Court’s Observations?

• A single bench of Justice Vivek Singh Thakur observed that to conceive, to give birth and take care of a child is not only the fundamental right of the woman but also a pious role to be performed by her for the existence of Society. Keeping in view the arduous nature of this duty, she must be provided with facilities to which she is entitled.
• The Court further states that the right to become a mother is also one of the most important human rights and this right must be protected at all costs and therefore, provisions of Maternity Benefit Act must be enforced strictly wherever applicable.

What are the Relevant Legal Provisions?

Maternity Benefits Act, 1961

About:

• An Act to regulate the employment of women in certain establishments for certain periods before and after childbirth and to provide for maternity benefit and certain other benefits.
• This Act has been enacted to provide all facilities to the working women in dignified manner so that she may overcome the state of motherhood honorably, peacefully and undeterred by the fear of being victimized for forced absence during pre- or post-natal period.
• This Act came into force on 1^st November 1963.
• Section 17 of this Act deals with the power of the Inspector to direct payments to be made. It states that-

(1) Any woman claiming that—

(a) Maternity benefit or any other amount to which she is entitled under this Act and any person claiming that payment due under section 7 has been improperly withheld.

(b) Her employer has discharged or dismissed her during or on account of her absence from work in accordance with the provisions of this Act, may make a complaint to the Inspector.

(2) The Inspector may, of his own motion or on receipt of a complaint referred to in sub-section (1), make an inquiry or cause an inquiry to be made and if satisfied that—

(a) Payment has been wrongfully withheld, may direct the payment to be made in accordance with his orders.

(b) She has been discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may pass such orders as are just and proper according to the circumstances of the case.

(3) Any person aggrieved by the decision of the Inspector under sub-section (2) may, within thirty days from the date on which such decision is communicated to such persons, appeal to the prescribed authority.

(4) The decision of the prescribed authority where an appeal has been preferred to it under subsection (3) or of the Inspector where no such appeal has been preferred, shall be final.

(5) Any amount payable under this section shall be recoverable by the Collector on a certificate issued for that amount by the Inspector as arrears of land revenue.

Case Law

• In the case of Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2000), the Supreme Court held that to become a mother is a most natural phenomena in the life of a woman and for it, the beneficial piece of legislation i.e. Maternity Benefit Act, 1961 has been enacted with object to provide security to the working woman with respect to her service as well as extension of benefits.