10.A woman worker has been terminated from the services. When she applied for maternity leave. She wants to challenge the termination.

1. Facts of the Case

• The petitioner is a woman employee working at [Company/Organization Name].
• She applied for maternity leave under the Maternity Benefit Act, 1961, as she was in the advanced stage of pregnancy.
• Soon after submitting her maternity leave request, she received a termination notice from the employer, citing vague or non-performance-related reasons.
• The employee had completed more than 80 days of service in the 12 months preceding her expected date of delivery, making her eligible for maternity benefits under Indian law.
• The woman contends that the termination was retaliatory, in violation of her statutory rights and principles of natural justice.
• She has approached the court/appropriate tribunal seeking reinstatement, payment of maternity benefits, and compensation for illegal dismissal.

---

2. Issues in the Case (Questions Raised)

1. Whether the termination of the woman employee amounts to a violation of the Maternity Benefit Act, 1961?
2. Can an employer lawfully terminate a woman during her maternity period or after applying for maternity leave?
3. What legal remedies are available to a woman employee who is terminated in violation of her maternity rights?
4. Does the termination violate fundamental rights, particularly Article 14 (Right to Equality) and Article 15(3) (Special protection for women)?
5. Whether the employer has complied with the principles of natural justice, including proper inquiry and opportunity to be heard?

---

3. Legal Principles and Laws Supporting the Woman’s Case

A. Maternity Benefit Act, 1961

• Section 12(1) – “Dismissal during absence of pregnancy.” No employer shall dismiss, discharge or otherwise punish a woman employee during the period she is absent under maternity leave.
• Section 5 – Right to payment of maternity benefit: A woman is entitled to paid maternity leave of 26 weeks, provided she has worked for at least 80 days in the past 12 months.
• Section 27 – Penalties: Any employer who contravenes provisions may face penalties, including imprisonment and fine.

B. Industrial Disputes Act, 1947

• Section 2A – Individual dispute of dismissal, discharge or retrenchment is considered an industrial dispute.
• Section 25F – Conditions precedent to retrenchment: Mandatory notice, reasoned termination, and compensation must be provided.

C. Constitution of India

• Article 14 – Right to Equality: Terminating a woman solely based on pregnancy or maternity leave is discriminatory and unconstitutional.
• Article 15(3) – Special provision for women and children: Allows the State to make protective laws, like the Maternity Benefit Act.
• Article 21 – Right to life and dignity: Unjust termination violates the dignity and livelihood of the woman.

D. Judicial Precedents

1. Municipal Corporation of Delhi v. Female Workers (Muster Roll), AIR 2000 SC 1274 Supreme Court extended maternity benefits to even casual workers. Right to maternity leave is not a concession but a statutory and fundamental right.
2. Shah vs Presiding Officer, Labour Court (1978) 2 SCC 115 Dismissal of a woman during maternity is illegal and unjustified.
3. Air India v. Nargesh Meerza (1981) Ruled that termination based on pregnancy is unconstitutional and against Article 14 and 15.

---

4. Possible Judgement

Based on the facts, legal provisions, and precedents, the court is likely to rule in favor of the woman employee, citing violation of the Maternity Benefit Act and constitutional protections.

Expected Court Directions:

1. Declaration of termination as illegal and void ab initio.
2. Reinstatement of the woman employee with continuity of service.
3. Payment of full maternity benefits under Section 5 of the Maternity Benefit Act.
4. Compensation for mental harassment and economic loss due to wrongful termination.
5. Costs to be imposed on the employer for violating statutory and constitutional rights.

---

Conclusion

Termination of employment solely on the grounds of pregnancy or maternity leave is a gross violation of women’s rights under Indian law. The Maternity Benefit Act, 1961, together with constitutional safeguards, ensures that a woman is not denied her livelihood and dignity during the most crucial period of her life. Judicial precedents have consistently reinforced that such acts by employers are unlawful, discriminatory, and punishable.