Dr. Kavita Yadav vs. The Secretary, Ministry Of Health And Family Welfare Department & Ors.
(2024) 1 SCC 421; 2023 SCC OnLine SC 1067
Coram: Hon’ble Justice Anirudha Bose, Hon’ble Justice Sanjay Kumar & Hon’ble Justice S.V.N. Bhatt
Forum: Hon’ble Supreme Court of India
Case No.: Civil Appeal No. 5010/2023
Date of Decision: August 17, 2023

Facts:

  • The Appellant, a Pathology Doctor, was appointed Senior Resident at Janakpuri Super Speciality Hospital(Defendant), an autonomous institute under the Government of N.C.T. of Delhi.
  • The Appellant’s appointment was purely temporary and extendable yearly up to a maximum of three years. She joined on 12th June 2014.
  • The Appellant applied for maternity benefits from 1st June 2017 under Section 5 of the Maternity Benefit Act, 1961. The Appellant's claim for maternity benefits starting 1st June 2017 was partially denied.
  • The Appellant challenged the employer's decision before the Central Administrative Tribunal and the High Court, but both forums rejected her claim.
  • Hence, the appeal was filed.

Background:

Decision of Employer

  • The employer allowed only 11 days of maternity benefits per the residency scheme. Also, her tenure ended on 11th June 2017, and no further extension was allowed under the Maternity Benefit Act 1961.

Proceedings Before the Central Administrative Tribunal (CAT) and Delhi High Court

  • The Appellant challenged the employer's decision before the Central Administrative Tribunal(CAT), Principal Bench, New Delhi and the Delhi High Court. The CAT and Delhi High Court upheld the employer’s decision and rejected her claim for maternity benefits beyond 11th June 2017.
  • Both CAT and the High Court noted that the Appellant’s contract ended on 11th June 2017, and no further extension was permissible.
  • Section 5(2) of the Maternity Benefit Act, 1961, which provides for maternity benefits based on prior service, did not apply as her employment had ended.
  • Both authorities stressed that granting 180 days of leave when the contract concludes during pregnancy or after childbirth would lead to an unintended extension of employment, which would be inconsistent with the Maternity Benefit Act. (Paragraph 2)

Supreme Court:

  • Aggrieved by the decision of CAT and Delhi High Court, the appeal was filed before the Supreme Court.


Main Issue:

  1. Whether maternity benefits under the Maternity Benefit Act 1961 would apply to a contractual employee if the claim period extends beyond the duration of her contract? (Paragraph 5)