Orissa High Court Upholds Maternity Leave For Contractual Employees
The Orissa HC has ruled that maternity benefits must be extended to female employees irrespective of whether they are employed on permanent or contractual basis.
Published : July 3, 2025 at 3:47 PM IST
Cuttack: The Orissa High Court has ruled that a woman contractual employee cannot be denied maternity leave. The court emphasised that all women are equal and that every woman has the same responsibilities. Women on contract also have responsibilities toward their children, the court observed.
Earlier, a single bench of the High Court had heard the case and, on August 30, 2022, ordered that maternity leave be granted to women employees. Challenging this verdict, the state government filed a writ appeal before a two-judge bench. After hearing the matter, the court upheld the decision of the single bench.
The division bench, comprising Justice Dikshit Krishna Shripada and Justice Mrugank Shekhar Sahoo, clarified in its verdict that women on contract are eligible for maternity leave. The court said that a woman needs to be vigilant and careful in every aspect, from the time of pregnancy to childbirth.
Lawyers said that this important verdict given by the High Court is a landmark verdict. The case involved a female contractual employee of the Health and Family Welfare Department who had applied for maternity leave from August 2016 to February 2017. However, since she was a contractual employee, her leave application was rejected. She then approached the High Court.
After hearing, the single bench ruled on August 30, 2022, that the woman was eligible for maternity leave. The state government later challenged this ruling, but the division bench dismissed the appeal. The court observed that it is never fair to deprive a child of breast milk, as it violates the fundamental rights of the child.
The Orissa High Court has directed the implementation of the single bench's verdict and ordered that a compliance report be submitted within eight weeks.
Lawyer Alok Mohapatra said the court has made it clear that all women working as contractual employees are entitled to maternity leave under Article 14 of the Constitution. The court also said, “Where a woman is respected, there God resides.”
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