SC declines to interfere with Uttarakhand HC order against maternity leave to woman with two children

The Supreme Court has declined to interfere with the Uttarakhand government's rule denying any maternity leave to a woman with two or more children, on the ground that it was a policy decision of the state government.

A bench of Justices R Banumathi and A S Bopanna dismissed a plea by Urmila Masih against the High Court's order of September 17, 2019.

“We see no reason to interfere with the order wherein the High Court has appropriately considered that the rule framed is a policy matter and (thus) no interference is called for,” the bench said.

The petitioner sought a declaration that the restriction in not granting maternity leave to women having two or more living children was unconstitutional. She contended the fundamental rule 153 prohibiting maternity leave to the state woman employees with two living children was violative of the Maternity Benefit Act, 1961 and Article 42, dealing with just and humane condition of work and maternity relief, of the Constitution.

The HC had refused to provide any relief to the petitioner on the ground that Maternity Benefit Act, 1961 was not applicable to the state government staff and Article 42 being a part of the directive principles was not enforceable by the court.