In Law, there is
no difference between a female regular employee and a contractual employee/ad
hoc employee because and a female employee whether regular, temporary or ad
hoc, is a female for all intents and purposes and she has a matrimonial home,
matrimonial life, and after conception, she has to undergo the entire maternity
period, same treatment, pains and other
difficulties which a regular employee has to undergo. Thus, there is no
occasion for making discrimination and if, less period of maternity leave is
granted to a contractual employee, it will amount to discrimination, in terms
of Article 14 of the Constitution of India.
The claim of maternity
leave is founded on the grounds of fair play and social justice. There cannot
be discrimination and if any discrimination is made. It is in breach of
Articles 14 and 15 of the Constitution.
1717 State of H.P. and others v. Sudesh Kumari (DB) Himachal Pradesh High Court