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ARTICLE · 11 JANUARY 2019

Maternity Benefits To Contractual Employees

Obhan Mason
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The Court was of the view that maternity benefits are not merely a statutory benefit or a benefit flowing out of an agreement.

IndiaEmployment and HR
Shubhangi Agarwal
Shubhangi Agarwal
Ashima Obhan
Ashima Obhan
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In one of its recent decisions, the Kerala High Court ("Court") in Rasitha C.H. vs State of Kerala and Others1 has reinstated that merely on the basis of being contractual employees, women cannot be deprived of the maternity benefits. The judgement has been propounded by Justice A. Muhamed Mustaque.

Facts

Rasitha ("Petitioner") has been working as an Assistant Professor at the Calicut University ("Respondents") on contractual basis since past one decade. The Petitioner had joined the professorship in the year 2008 and since then her contract has been renewed several times. On the expiry of the last contract, the Petitioner was reengaged with effect from August 2017 for a tenure of one year.

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