The Karnataka High Court said that Mothers of newborn babies can avail work from home options once their maternity leave are up. However, WFH could be given only in cases where the nature of work assigned to the women is such that it is possible for her to work from home.
Case background:
The petitioner, working as a Senior Executive Engineer with an organization, had approached the Court challenging two communications issued by the respondent organization and sought a direction to the respondent to consider her representations for sanction of child care leave with retrospective effect and to regularize the petitioner’s salary and to release the salary withheld from 24.05.2021.
By these communications, the petitioner was called upon to join duties immediately and regularize the absence from 24.05.2021. Petitioners’ arguments. It was contended that the provisions of the Maternity Benefit Act, 1961 is applicable to the petitioner who is an employee of the respondent organization which is a fully funded organization controlled by the Government of India.
The petitioner should be allowed to carry on her work from home after availing of the maternity benefit for the period as provided under the Act.
Moreover, notifications have been issued by the Central Government, directing all the Public Sector Undertakings, which include the respondent- organization, to ensure that as far as possible, provisions should be made to lactating mothers to work from home, in view of the prevalence of COVID- 19 pandemic.
Thus, it is the duty of the respondent-organization to provide for child care leave and to permit the petitioner to work from home. Respondents argued that the benefit of the Maternity Benefit Act 1961, is applicable to the respondent organization but in respect of child care leave, in a meeting of the 14th STARC Employees Meet held on 31.03.2018, it was decided that providing crèche and day care facilities as per Maternity Benefit Act, 2017, was an option.
It was also said that the respondent-Organization may not be equated to the Government of India and the facilities available to the Central Government employees.
Court findings:
The court found that the petitioner has not been able to point out to any specific provision of law or rules that would mandate the fourth respondent organisation, to grant childcare leave facility as is available to the Central Government employees.
The Karnataka High Court has reiterated that maternity benefits such as allowing an employee to work from home, under section 5 (5) of the Maternity Benefit (Amendment) Act 2017, could be given only in the case where the nature of work assigned to the women is such that it is possible for her to work from home.
A single-judge bench of Justice R Devdas while refusing relief to an employee working with Semi-Conductor Technology and Applied Research Centre, (‘STARC’), said, “Though reference is made to Section 5(5) of the Act, 1961, it is evident from the said provision that maternity benefits such as work from home after availing the maternity benefit could be given only in the case where the nature of work assigned to the women is such that it is possible for her to work from home.”
Though reference is made to Section 5(5) of the Act, 1961, it is evident from the said provision that maternity benefits such as work from home after availing the maternity benefit could be given only in the case where the nature of work assigned to the women is such that it is possible for her to work from home.”
It added, “The respondents are also on record, in their statement of objections, that even during the period of lockdown, the top officials from the cadre of Deputy managers have been functioning from the premises itself.
Petitioners’ arguments:
It was contended that the provisions of the Maternity Benefit Act, 1961 is applicable to the petitioner who is an employee of the respondent-Organisation which is a fully funded organisation controlled by the Government of India.
Further, reliance was placed on Section 5(5) of the Act 1961, to contend that the petitioner should be allowed to carry on her work from home after availing the maternity benefit for the period as provided under the Act.
Moreover, notifications have been issued by the Central Government, directing all the Public Sector Undertakings, which include the respondent- Organisation, to ensure that as far as possible, provisions should be made to lactating mothers to work from home, in view of the prevalence of COVID- 19 pandemic.
Thus, it is the duty of the respondent-Organisation to provide for Child Care Leave and to permit the petitioner to work from home, until it is declared by the Central Government/State Government that there is no need for its employees to work from home. Respondents opposed the plea: It was submitted that the benefit of the Maternity Benefit Act 1961, as applicable to the respondent-Organisation has been granted to the petitioner.
However, in respect of Child Care Leave, in a meeting of the 14th STARC Employees Meet held on 31.03.2018, it was decided that providing crèche and Day Care facilities as per Maternity Benefit Act, 2017, was an option.
It was also said that the respondent-Organisation cannot be equated to the Government of India and the facilities available to the Central Government employees, be it in the nature of providing maternity leave, Child Care Leave and other facilities cannot be automatically adopted to the respondent-Organisation.
Court findings:
The court found that the petitioner has not been able to point out to any specific provision of law or rules that would mandate the fourth respondent Organisation, to grant child care leave facility as is available to the Central Government employees.
Following this it granted liberty to the petitioner to make fresh representations regarding the unauthorized absence and seek regularisation of the same.
The court said, “As and when such representations are given by the petitioner, after she joins duty, the Organisation shall consider such representations sympathetically and pass orders in the light of the observations made hereinabove.”
