AIROnline 2025 SC 405

Supreme Court Of India

(From : AIROnline 2022 MAD 1386)

Hon'ble Judge(s): Abhay S. Oka, Ujjal Bhuyan , JJ

Constitution of India , Art.51— Maternity Benefit Act (53 of 1961) , S.5— Fundamental Rules , R.101(a)— Maternity leave - Refusal to grant - Ground that it was third child of appellant - Appellant had two biological children out of her first wedlock, but that was before her entry into service - Post entry into service and from her subsisting marriage, it was appellant's first child - Two children out of first wedlock were residing not with appellant but with their father, who was having their custody - Through various international conventions, world community has recognized broad spectrum of reproductive rights - Maternity leave is integral to maternity benefits - Object of having two child norm as part of measures to control population growth in country and object of providing maternity benefit to women employees including maternity leave in circumstances such as in present case are not mutually exclusive - Two must be harmonized in purposive and rationale manner to achieve social objective - Appellant was held entitled to maternity leave. AIROnline 2022 MAD 1386-ReversedAIR 2022 SC 4108-Relied onAIR 2010 SC 235-Followed (Para 28 34 35) .....