Delhi High Court directs DSLSA to grant maternity leave to legal aid counsel within 3 months

The High Court of Delhi has directed the Delhi State Legal Services Authority (DSLSA) to grant all medical, monetary and other benefits accrued in favour of a legal aid counsel working with the Juvenile Justice Board on account of her pregnancy, as per the terms of the Maternity Benefit Act, 2017.

The Single-Judge Bench of Justice Chandra Dhari Singh, while terming the Maternity Benefit Act as a welfare and social legislation, noted that the social welfare legislation of the Act 

It further said that there was nothing in the language of the Act or in its provisions which suggested that a working expecting woman would be barred from getting the reliefs due to the sole reason of the nature of her employment. 

The Single-Judge Bench rejected the argument made by the respondent that the petitioner was entitled to her maternity benefits for the reason of being a contractual employee on the grounds that it was completely devoid of merit.

The High Court directed the DSLAS to

Delhi High Court directs DSLSA to grant maternity leave of 26 weeks to legal aid counsel within three months of receipt of the order.

Petitioner-in-person Annwesha Deb contended that she was appointed in the Juvenile Justice Board-I, Sewa Kutir, Kingsway Camp, New Delhi as a legal aid counsel on a daily fee basis, fixed at Rs 1750 on May 9, 2016. 

She said during the period of her contractual employment, she conceived a child in April 2017 and applied for maternity leave of seven months vide application dated October 6, 2017. 

The petitioner said she had worked till the seventh month of her pregnancy as a legal aid counsel and it was upon doctor’s advise for bed rest upon finding her deteriorating health, that the petitioner had to stop working till the time of her delivery.

Pointing out that she was entitled to the time she took off for her delivery and post-delivery child care, the petitioner submitted that she sent an email to the member secretary of DSLSA requesting the grant of maternity benefits to her on October 21, 2017. 

She said she received a reply on October 31, 2017 to her email, stating that her request for maternity benefit had been declined since there was no provision for the grant of maternity benefits for Legal Services Authorities. 

Aggrieved by this decision of the DSLSA, the petitioner moved this Court. 

As per the petitioner, she was entitled to maternity benefits that accrue to her. She said while denying such benefits, the respondent was violating her legal rights. 

The petitioner further submitted that women contractually employed in the Juvenile Justice Board with the respondent for a tenure of three years were not being granted maternity benefits whereas the permanent employees of the respondent authority were being provided with the same. 

The counsel appearing for the petitioner submitted that her rights as laid down under Articles 14, 15(3), 16, 19(1)(g) W.P.(C) 11016/2017 Page 4 of 38 and 42 of the Constitution were being severely violated by the inaction of the respondent. 

It contended that under Section 3(o) of the Act, women employed for wages in any establishment and as per Section 3(n), wages include all remuneration paid to a woman in terms of a contract of employment. 

Advocate Dr. Charu Wali Khanna appeared for the petitioner, while the respondent was represented by Advocate Sarfaraz Khan.

(Case title: Annwesha Deb vs Delhi State Legal Services Authority)