The Bombay High Court, in a significant ruling, has reaffirmed the protective and welfare-oriented nature of the Maternity Benefit Act, 1961 by holding that technical breaks in service cannot be used as a ground to deny maternity leave benefits to temporary employees. Emphasising substance over form, the Court observed that artificial or nominal breaks introduced by the employer do not disrupt the continuity of service for the purpose of maternity benefits. The judgment reinforces the principle that maternity rights are statutory entitlements flowing from social welfare legislation and must be interpreted liberally to advance the object of protecting motherhood and dignity of working women.
Case Title
Dr. Vrushali Vasant Yadav vs State of Maharashtra
Writ Petition No. 15521 of 2024, decided on December 16, 2025 by the Bombay High Court (Division Bench of Justices Makarand Karnik & Ajit Kadethankar).
Facts of the Case
- The petitioner, Dr. Vrushali Yadav, was working as an Assistant Professor in Obstetrics & Gynaecology at Rajarshree Chhatrapati Shahu Maharaj Government Medical College since September 2018.
- She applied for maternity leave from 8 May 2021 to 16 September 2021 (total 131 days).
- Despite applying twice, the authorities treated this period as leave without pay and denied maternity benefit payments.
- Petitioner sought ₹4,36,666 as unpaid maternity leave benefits.
Defence by Authorities
- The State argued that since the petitioner was a temporary employee and had “technical breaks” (1–2 days breaks in service after each 120 days), she was not entitled to maternity benefits.
Legal Framework
The Court examined Section 5 of the Maternity Benefit Act, 1961 which provides:
Every woman shall be entitled to, and the employer shall be liable for, payment of maternity benefit at the rate of average daily wage for the period of her actual absence immediately before, during, and after delivery.
Key Observations
- Temporary/ Daily Wage Employees Included:
The High Court held that temporary employees paid on daily wages are covered under the Maternity Benefit Act and cannot be denied maternity benefits on that basis alone. - Technical Breaks in Service Cannot Deny Benefits:
The Court found that such short “technical breaks” in service are not substantive breaks and cannot justify denial of maternity leave benefits.
The bench said that interpretation would go against the benevolent purpose of the Act. - Entitlement Established:
The petitioner fulfilled all conditions under Section 5 — including actual work period preceding expected delivery — and hence was entitled to maternity benefits.
Final Order
- The Court directed the authorities to pay the maternity benefits within four weeks.
Significance
This judgment reinforces that:
- Maternity benefit rights under the Maternity Benefit Act cannot be denied on the ground of temporary employment or nominal technical breaks in service.
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Short interruptions that do not break continuity of actual service must be ignored for the purpose of entitlement.
This aligns with other High Courts’ rulings that artificial breaks or technical breaks should not be used to deny maternity benefits