Contract Workers Also Entitled To Maternity Benefits, Madras High Court Rules

Last update:October 25, 2024, 15:55 IST

The court emphasized that the provisions of the Maternity Benefits Act override any contractual agreements that deny or limit maternity benefits.

The Madras High Court has ruled that contract workers are also entitled to maternity benefits and that the provisions of the Maternity Benefits Act, 1961 will prevail over the terms of the contract if they refuse or provide unfavorable benefits.

“According to section 27 (of the Act), the provisions of the 1961 Act shall prevail over the terms of the contract which prohibit or grant unfavorable maternity benefits,” the court stressed.

A bench comprising Chief Justice KR Sriram and Justice Senthilkumar Ramamoorthy gave this landmark judgment while dealing with a writ petition filed in 2018 by the MRB Nurses Empowerment Association.

The association, which represents nurses employed by the state government under the National Rural Health Mission (NRHM), has asked the court to ensure that they get 270 days of paid maternity leave as stipulated in the law.

The state government, however, argued that these maternity benefits are not applicable to NRHM nurses due to their contractual status. The government argued that contract nurses were only eligible for limited leave, such as one day of regular leave each month, and were excluded from the benefits enjoyed by regular government employees.

Rejecting the state’s position, the Supreme Court emphasized that the provisions of the Maternity Benefits Act override any contractual agreements that deny or limit maternity benefits. The court pointed out that, according to section 27 of the Act, its provisions take precedence over any inconsistent laws or regulations.

Referring to the recent decision of the Supreme Court in the case of Dr Kavita Yadav v Secretary, Department of Health and Family Welfare and others (2024), the bench highlighted that once a female employee fulfills the eligibility criteria mentioned in section 5(2), she will be eligible for full maternity benefits even if such benefits exceed the duration of his contract.

Maternity benefits are not dependent on the period of employment, the court emphasized, according to the SC decision.

The court allowed the writ petition and directed the Tamil Nadu health and family welfare department to process and dispose of all pending and fresh claims for maternity benefits from NRHM nurses employed on contract under section 5 of the 1961 Act within three. months from the date of receipt of a copy of the current order, or three months from the date of receipt of new applications, as the case may be.