Question:

In 2023, the Supreme Court held that the fixed-term employees would be entitled to full maternity benefits under Section 5 of the Maternity Benefit Act, 1961 (“Maternity Benefit Act”), even after the expiry of their contractual term in the case of

Updated On: Dec 14, 2024
  • Dr. Kavita Yadav v. The Secretary, Ministry of Health and Family Welfare Department and Ors.
  • Municipal Corporation of Delhi v. Female Workers (Muster Roll) & Another
  • Kapila Hingorani v. State of Bihar
  • Lieutenant Colonel Nitisha and Ors. v. Union of India
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The Correct Option is A

Solution and Explanation

In 2023, the Supreme Court ruled in the case of Dr. Kavita Yadav v. The Secretary, Ministry of Health and Family Welfare Department and Ors., affirming that fixed-term employees are entitled to full maternity benefits under Section 5 of the Maternity Benefit Act, even after the expiry of their contractual term. The Court emphasized that maternity benefits should not be denied based on the nature of the employment contract and that
the right to maternity benefits is a fundamental right under the Constitution.

Option b) Municipal Corporation of Delhi v. Female Workers (Muster Roll) & An- other is incorrect because this case did not address the issue of maternity benefits for fixed-term employees.

Option c) Kapila Hingorani v. State of Bihar is incorrect as it is not related to maternity benefits under the Maternity Benefit Act.

Option d) Lieutenant Colonel Nitisha and Ors. v. Union of India is also incorrect, as it does not concern the entitlement to maternity benefits for fixed-term employees.

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