By Imteshal Karim
In a landmark judgment the Orissa High Court has ruled that maternity benefits must be extended to female employees irrespective of whether they are employed on a permanent temporary or contractual basis.
The decision was delivered while upholding an earlier single-judge order in favour of Anindita Mishra a contractual employee with the State Health and Family Welfare Department.
Court Defends Equality Beyond Employment Status
The division bench comprising Justice Dixit Krishna Shripad and Justice Mruganka Sekhar Sahoo strongly rebuked the statersquos stance that contractual employees were not entitled to maternity leave.
ldquoDenying maternity benefits on the basis of the nature of employment is abhorrent to the notions of humanity and womanhoodrdquo the bench observed during a hearing last week. It further ruled that ldquowomen employees for the purpose of availing such benefits constitute one homogenous class.rdquo
The judges also stressed that discrimination based on employment type violates Article 14 of the Constitution which guarantees equality before the law.
Dismissing the governmentrsquos appeal at the admission stage the court declared that it lacked merit and directed the state to comply with the order within eight weeks.
From Denial to Recognition A Long Legal Battle
Anindita Mishra was appointed as a contractual worker in May 2014. After giving birth to a daughter in August 2016 she applied for six months of maternity leave with supporting medical documentation following the finance department norms.
However on June 7 2017 the department rejected her request outright citing her contractual status as the reason.
Challenging the denial Mishra moved the Orissa High Court where a single-judge bench ruled in her favour in August 2022. That order directed the government to grant her maternity leave ldquoin accordance with the law.rdquo The governmentrsquos subsequent appeal to a division bench was dismissed on June 24 2025 with the court noting that the original judgment was lsquosound and unassailablersquo.
Notably the bench also acknowledged the concept of lsquozero separationrsquo between mother and infant as a foundational aspect of maternity leave. ldquoA lactating mother has a fundamental right to breastfeed her baby during its formative yearsrdquo the court noted.