Bombay HC relief for BMC hospital doctor who was denied maternity leave

Mumbai: Bombay high court on Tuesday restrained BMC from terminating the services of a doctor on contract, at Bhabha Hospital, Bandra (W), who was denied maternity leave.

A vacation bench of Justices Arif Doctor and Somasekhar Sundaresan recorded a statement on behalf of BMC that till the petition by Dr Semanti Bose (33) “is heard by the regular bench, no precipitative steps shall be taken in so far as termination of services of the petitioner is concerned.”

Dr Bose, an MBBS and MS in obstetrics and gynaecology, works as teacher (grade II)-junior consultant at the hospital which is run and managed by BMC. Her petition said she was appointed on a post that is filled up on a temporary basis with a provision for automatic renewal of employment on expiry of six months unless otherwise.

She was appointed on Dec 1, 2023. On March 21 she wrote to the hospitals' deputy superintendent for maternity leave from April 15 for 6 months as her expected delivery date was April 25. The DS made an endorsement on her application that she could go on maternity leave without pay since she is working on contractual basis. She wrote to the DS to reconsider her request for maternity leave. On April 3, the DS informed that she will not be entitled to any maternity benefits. He relied on a clause in her appointment letter that she is entitled to only 7.5 days of casual leave.

The doctor’s petition said she was entitled to maternity leave under The Maternity Benefit Act, 1961. Also, the right of contractual employees to maternity benefits is confirmed by the HC and Supreme Court.

Her advocate Swaraj Jadhav referred to an October 2018 HC judgment that held that even if a woman is employed on contract basis, she is entitled to maternity benefits. BMC’s advocate said the petitioner was appointed on a 6 months contract and wants 6 months maternity leave which cannot be granted.

The doctor’s petition also sought direction to the hospital to forthwith release her dues and to continue to pay her monthly salary. Jadhav said she was entitled to her salary and urged that it be released. “We make it clear that all entitlements of the petitioner, if due in accordance with law, shall be paid over to the petitioner, and pendency of this petition shall not come in the way,’’ the judges directed. They posted the next hearing on June 12.