In a significant step towards strengthening workers’ rights and advancing gender equality, the Orissa High Court has reaffirmed that women employed on a contractual basis are entitled to maternity leave. Dismissing a challenge by the State government, the Court emphasized that maternity benefits cannot be denied based on the nature of employment, underscoring constitutional guarantees and international commitments.
The judgment followed a writ appeal filed by the Odisha government challenging the grant of maternity leave to contractual employees. Anindita Mishra, who had been working as a young professional under the Department of Health and Family Welfare since May 20, 2014, was employed on a contractual basis with periodic extensions based on her performance.
Following the birth of her daughter in August 2016, she applied for maternity leave covering the period from August 17, 2016, to February 12, 2017. However, her request was outrightly rejected by the department on June 7, 2017, on the grounds that her contractual status made her ineligible for such benefits. In response, Mishra challenged the decision by filing a petition in the High Court that same year.
After years of legal proceedings, the High Court’s single-judge Bench, on August 30, 2022, annulled the department’s rejection and directed the government to grant her maternity leave benefits in accordance with the law. The court also mandated that the order be implemented within three months.
The Orissa High Court upheld the single judge’s ruling, dismissing the State’s appeal as lacking merit. It ordered the implementation of the earlier judgment and instructed the government to submit a compliance report within eight weeks. The Court underscored that maternity benefits are a crucial socio-welfare measure and reaffirmed the State’s responsibility to extend these benefits to all female employees, irrespective of their contractual status.