The Rajasthan High Court extended the right to 180 days of maternity leave to women working in private and unorganized sectors, aligning with the Maternity Benefit (Amendment) Act, 2017.
This decision, made by Justice Anoop Kumar Dhand, mandates that the Central and Rajasthan governments amend labor rules to ensure female employees in these sectors are provided the same benefits as those in government jobs.
The case involved Minakshi Chaudhary, an employee of the Rajasthan State Road Transport Corporation (RSRTC), who challenged a regulation that capped maternity leave at 90 days.
The court deemed this regulation discriminatory, stating that it violated Articles 14 and 21 of the Indian Constitution, which guarantees equality and the right to life and personal liberty.
“The regulation of 1965 is outdated in light of the 2017 amendment to the Maternity Benefit Act, which provides for 180 days of leave,” said Justice Dhand.
He further instructed that RSRTC update its policies and, in cases where extending maternity leave is not feasible, provide financial compensation for the remaining 90 days.
The judgment also referenced the Supreme Court’s ruling in Municipal Corporation of Delhi v. Female Workers (Muster Roll), reiterating that maternity benefits apply equally across both organized and unorganized sectors.
Bench Details:
- Judge: Justice Anoop Kumar Dhand
- Petitioner: Minakshi Chaudhary
- Respondent: Rajasthan State Road Transport Corporation (RSRTC)