Maternity Benefit -- Contractual Nature Of Employment No Bar To Maternity Benefits; Section 27 Overrides Inconsistent Service Rules And Employment Agreements Act
The Maternity Benefit Act, 1961, applies equally to contractual and permanent employees. Section 27 of the Act contains a non-obstante clause expressly overriding any inconsistent terms in contracts of service or internal service rules. Contractual or "stop-gap" appointment letters cannot be used by public authorities to deny statutory maternity benefits. Failure to disclose pregnancy at the time of contract renewal does not disentitle a woman to maternity benefits, as Section 6(6) of the Act expressly provides that failure to give notice shall not disentitle an otherwise eligible woman. Reproductive dignity and financial security during maternity are integral facets of the right to life under Article 21 of the Constitution.
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