HC Questions ‘Misconceived appeal’ by Delhi Govt in Maternity Benefits case

The Delhi High Court has expressed surprise at the city government’s decision to file a “misconceived appeal” challenging a single judge’s order granting maternity and medical benefits to a young woman.

A division bench of Justices Rekha Palli and Shalinder Kaur noted the government’s efforts to support women’s interests in the city, including the recently-announced Mukhyamantri Mahila Samman Yojna promising monthly assistance of Rs 1,000 to adult women, with exceptions for certain groups.

Despite these initiatives, the court noted the government’s appeal against a single judge’s order directing the grant of maternity benefits to a woman who had served diligently in the Delhi State Consumer Forum for over five years.

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The bench dismissed the appeal, citing the importance of adhering to provisions outlined in the Maternity Benefit Act, 1961.

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The government, upon initially seeking time to reassess its position in light of the Mukhyamantri Mahila Samman Yojna, ultimately opted to withdraw the appeal.

The court, in its ruling, imposed costs of Rs 50,000 on the government, deeming the appeal wholly misconceived. It said that even women employed on a contractual basis are entitled to maternity benefits under the Act, regardless of the duration of their contractual engagement.

“We, therefore, find no merit in the appellant’s plea that the respondent was not entitled to receive any benefits under the Act for the period beyond March 31, 2018, the date when the term of her contractual engagement was expiring,” it ruled. (IANS)

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