Bombay HC relief to Contractual doctor denied maternity leave

Mumbai: Granting relief to a contractual doctor at a Brihanmumbai Municipal Corporation (BMC)-run hospital, the Bombay High Court recently restrained the civic body from terminating the doctor's services for taking maternity leave beyond what was permitted to her.

While considering the matter, the HC vacation bench of Justices Arif Doctor and Somasekhar Sundaresan directed the BMC authorities to be reasonable in their approach towards the issue and not take any action against the doctor till the next date of hearing.

Listing the matter for further hearing on June 12, the bench added that until then the BMC authorities should be reasonable in their approach and not take any action against her.

Responding to the court's direction, the civic body has assured the High Court bench that no "precipitation action" would be against the woman as far as her termination was concerned until her plea is heard next month.

The HC bench recorded the statement of the civic body's advocate, Prashant Kamble, and listed the matter for further hearing on June 12. The court also asked the BMC to release her dues.

Also Read: PGI Chandigarh approves long pending demands for Paid Maternity Leave Benefits to PG Medical Students

"We make it clear that all entitlements of the petitioner, if due in accordance with law, shall be paid over to the petitioner, and pendency of this petition shall not come in the way," ordered the bench.

PTI has reported that the doctor filed a plea before the HC bench challenging a decision taken by the Bhabha Hospital authorities saying that she was not eligible for the mandated six-month maternity leave as she was a contractual employee. As per the hospital, the doctor could avail leave for only seven days.

After completing her MBBS course, the petitioner doctor pursued her MS course in Obstetrics and Gynaecology and thereafter she was appointed as a teacher-junior consultant at the Bhabha Hospital on December 1, 2023.

In March this year, the petitioner Dr Bose wrote to the hospital's deputy superintendent seeking maternity leave from April for a period of six months as her delivery was due last month. The deputy superintendent, however, told her she could go on maternity leave without pay since she was working on a contractual basis.

As per the latest media report by the Times of India, the doctor submitted an application on April 3 to the Deputy Superintendent urging to reconsider her request for maternity leave. However, the DS informed that she would not be entitled to maternity benefits, adding that as per her appointment letter she was entitled to only a seven-and-half days of casual leave.

Filing the plea, the doctor contended that she was entitled to maternity leave under The Maternity Benefit Act, 1961. Her counsel advocate Swaraj Jadhav argued that the Bombay High Court and the Supreme Court confirmed the right of contractual employees to maternity benefits.

On the other hand, the counsel for BMC argued that the doctor had been appointed on a six-month contract and she wanted maternity leave for six months which could not be granted.

Her plea, filed through advocate Swaraj Jadhav, contended that she was appointed on a contract basis for 6 months on a post which had a provision for automatic renewal of employment on expiry of that period unless communicated otherwise.

Also Read: Maternity leave for PG resident doctors, medicos disappointed with NMC's Cryptic Notice