The Allahabad High Court has directed the Uttar Pradesh government to clarify whether it has issued any notification to implement the Maternity Benefit Act, 1961 (as amended in 2017) for employees of educational institutions, and if so, what action has been taken.
A division bench of Justices Ajit Kumar and Swarupama Chaturvedi passed the order while hearing a writ petition filed by Sunbeam Women’s College. The institution had approached the court challenging an order passed by the National Commission for Women (NCW), which had directed the reinstatement of a woman employee and the grant of maternity benefits to her.
The petitioner-college contended that the NCW had no authority to direct reinstatement or confer maternity benefits, and argued that the Maternity Benefit Act does not automatically apply to educational institutions unless a specific notification is issued by the state government under Section 2(1) of the Act.
The proviso to Section 2(1) requires the concerned State Government to issue a notification in the official gazette — with prior approval of the Central Government — to extend the Act to certain establishments not covered by default.
The college argued that no such notification has been issued in Uttar Pradesh till date, and hence the Act does not apply to it.
The bench observed that “the state was under an obligation to notify the Act while it was in existence for the benefit of the people who were working in various establishments.” The court expressed the view that unless the government takes appropriate steps to bring educational institutions under the purview of the Act, the applicability remains legally unsettled.
In an order dated February 3, the High Court directed the Uttar Pradesh government and other respondents to file a detailed counter-affidavit within four weeks. The matter has been posted for final disposal on March 23.
