Case Law Details
Prachi Sen Vs Ministry Of Defence (Karnataka High Court)
The petitioner who is working as a Senior Executive Engineer at the fourth respondent-Semi Conductor Technology and Applied Research Centre, (for short ‘STARC’), is before this Court aggrieved of the communication dated 07.08.2021 at Annexure ‘CC’, communication dated 27.11.2021 at Annexure ‘GG’ and is seeking directions to the fourth respondent to consider her representations dated 06.07.2021 and 12.07.2021 for sanction of Child Care Leave with retrospective effect and o regularize the petitioner’s salary and to release the salary withheld from 24.05.2021. A prayer is also made seeking directions to the respondents to reimburse the medical bills furnished by the petitioner.
2. The petitioner delivered a baby girl on 19.08.2020. She has been on maternity leave from 19.08.2020 to 14.02.2021. The petitioner thereafter availed personal leave from 15.02.2021 to 26.04.2021. However, it is the contention of the petitioner that during the second wave of COVID-19 and the lockdown announced by the Government of Karnataka, the petitioner was given the benefit along with other employees, to work from home during the lockdown period. The respondent-Organisation also does not deny the fact that the petitioner’s attendance was regularized upto 23.05.2021. However, when the petitioner did not join duty after the sanctioned leave was exhausted, the impugned communication dated 07.08.2021 was issued to the petitioner stating that she was staying away from duty without sanction of leave and the overstay without sanction of leave would be treated as unauthorized absence. The petitioner was informed that she would not be entitled for leave salary for the unauthorized period of absence. The petitioner was also informed that disciplinary action could be initiated against her for willful absence from duty after expiry of leave perod sanctioned by the Management.
3. The petitioner responded to the said communication while pointing out to the benefits that were required to be provided to a woman under maternity, in terms of the Maternity Benefit Act, 1961, and the two Official Memoranda dated 29.09.2008 and 06.05.2021 issued by the Ministry of Personnel, Public Grievances & Pensions (Department of Personnel and Training), Government of India, which provides for grant of child care leave to women employees having minor children below the age of 18 years.The petitioner had also approached the Central Administrative Tribunal at Bengaluru seeking similar relief. The fourth respondent thereafter sent one more communication dated 27.11.2021 noticing the fact that the apption filed by the petitioner was dismissed as withdrawn, by order dated 16.11.2021. The petitioner was once again called upon to join duties immediately and regularize the absence from 24.05.2021. Nevertheless, the petitioner has filed the instant writ petition with the prayers as noticed hereinabove.
4. Learned Counsel for the petitioner submits that the provisions of the Maternity Benefit Act, 1961 (hereinafter referred to as the ‘Act 1961’ for short) is applicable to the petitioner who is an employee of the fourth respondent-Organisation which is a fully funded organization controlled by the Government of India. It is also contended that the fourth respondent does not dispute the fact that the leave benefits which are available to the employees of the Defence Research Development Organisation (DRDO for short) is also made applicable to the employees of the fourth respondent-Organisation. The learned Counsel would draw the attention of this Court to Section 5(5) of the Act 1961, to contend that 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. The learned Counsel would further contend that 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 COVID19 pandemic.
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