The Delhi High Court on Wednesday asked the Delhi University (DU) why the Maternity Benefit Act would not be applicable to ad hoc employees when it was applicable to contract labourers of any establishment or government undertaking.
Justice Suresh Kait posed the query to DU while issuing notice to the Centre, the university and the Aurobindo College here, seeking their stand on a female ad hoc professor’s plea alleging that she was denied maternity leave as she was not a permanent employee.
Hearing on August 5
The High Court has listed the case for further hearing on August 5.
During the brief hearing, the college said the professor’s application for maternity leave was forwarded to the DU and a response was awaited. It also told the court that the petitioner had not contended that the Act was applicable to the college or the university.
The lawyer representing the DU told the court that there were no rules or regulations in the university to provide maternity benefit to ad hoc employees.
The woman, in her plea, has contended that under the Maternity Benefit Act, she is entitled to six months’ leave, but the university did not grant her the relief as she was not a permanent employee and was employed on an ad hoc basis.
Cites SC order
She has also claimed that the Supreme Court had held that maternity benefits were available to all, irrespective of the type of employment -- permanent or contractual.
The woman has claimed that she had sent several representations to the university from January 4 seeking grant of maternity leave as her expected date of delivery was February 22. However, she received no response from the DU and meanwhile, she gave birth to a child on February 3. Since then, she had been on leave without pay as the university did not sanction her request for maternity leave, she has said in her plea.