'Discrimination regarding maternity leave among permanent and contractual employees is not acceptable', says Calcutta HC

According to the Calcutta High Court, it is unacceptable to discriminate between regular and contract workers about a woman's right to give birth and take maternity leave. The petitioner, who began serving as an executive trainee in the RBI on August 16, 2011, moved to the High Court on a contract basis. The appointment was valid for three years. He had questioned the apex bank's decision to forgo providing 180 days of paid maternity leave.

Judge Raja Basu Chaudhary ruled on Monday that regular and contract employees of the bank cannot be treated differently when it comes to a woman's right to childbirth and maternity leave. The court directed the lead bank to compensate him in the form of leave with pay for the period for which he was refused leave.

Noting that the RBI generally provides maternity benefits to its employees as per its master circular, the judge said, "Not extending such benefits to the petitioner, in my view, amounts to a discriminatory act as it is intended to discriminate against a class of Creating a class within is not allowed."

The court said that this was a violation of Article 14 of the Constitution of India. The court said that denying maternity leave to the petitioner was a discriminatory act and an offence under the Maternity Benefit Act, 1961.

Justice Basu Chaudhary said that if the RBI is allowed to deprive the petitioner of her basic right to maternity benefits and merely grant leave without compensation, it would amount to forcing an employee to work during her pregnancy. would be similar, it could ultimately pose a threat to both her and her fetus. The court said, "If this is allowed, the objective of social justice will be defeated."