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.
(A) Conditions for a Hindu Marriage | (i) Section 13 |
(B) Registration of Hindu Marriage | (ii) Section 10 |
(C) Judicial Separation | (iii) Section 5 |
(D) Divorce | (iv) Section 8 |
I. Arbitration of excepted matters | 1. A. Ayyasamy v. A. Paramasivam, (2016) 10 SCC 386 |
II. Conditional Arbitration Clauses | 2. In re - Interplay between Arb Agreements and Stamp Act 2023 INSC 1066 |
III. Separability of Arbitration Agreement - Kompetenz Kompetenz | 3. Vulcan Insurance Co Ltd v. Maharaj Singh and Anr (1976) 1 SCC 943 |
IV. Arbitrability of fraud | 4. Mitra Guha Builders (India) Co v. ONGC (2020) 3 SCC 222 |
I. Uti Possidetis | 1. Principle in customary international law providing that where there has been a fundamental change of circumstances since an agreement was concluded, a party to that agreement may withdraw from or terminate it. |
II. Pacta Sunt Servanda | 2. Two or more states equally exercise sovereignty with respect to a territory and its inhabitants. |
III. Condominium | 3. Doctrine that territory remains with the possessor state at the end of war or occupation unless otherwise determined by a treaty or an agreement. |
IV. Rebus Sic Stantibus | 4. Proposition that treaties are binding upon the parties to them and must be performed in good faith. |