Excelsior Correspondent
Srinagar, Mar 14: High Court has stayed a Government notification regarding ‘honorarium’ against maternity leave period of contractual employees.
“The expression without honorarium appearing in the SRO dated 22 May 2014 prima facie appears to be illegal, discriminatory and un-just. This expression is adversely affecting legal rights of a large section of the society”, said Justice Muzaffar Hussain Attar in his order.
“Till further orders of the court, the expression ‘without honorarium’ appearing in SRO dated 22 May 2014, shall stay,” the court said.
Section 22 of the constitution provides that endeavour should be made to secure all women right to equal pay for equal work and right to maternity benefits and medical care to all employees.”
“By treating them as one single class, the Government in keeping with the constitution has to accord same treatment to women in respect of maternity leave,” High Court said.
Observing that a woman does not stay away from work during maternity leave out of her own volition, the bench said, “While making provision for grant of maternity leave, the women cannot be denied monitory benefits on the ground that they are contractual or ad-hoc employees”. The maternity leave is granted to secure a solemn purpose,” the court added.
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