Entitlement to Maternity Benefits Post-Expiry of Fixed-Term Ad-Hoc Contractual Employment by Efflux of Time.
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Case: SOMAIYA VIDYAVIHARS K J SOMAIYA COLLEGE OF ARTS AND COMMERCE v. THE ASST. COMMISSIONER OF LABOUR AND APPELLATE AUTHORITY, N WARD, MUMBAI
Court: Bombay High Court
Date: 13-07-2026
Law: Maternity Benefit Act, Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, Constitution of India.
Highlights of the Judgment:
- Examination of the requirement for a subsisting employer-employee relationship to trigger entitlements under the Maternity Benefit Act, 1961.
- Interpretation of Section 12 regarding protection against dismissal during pregnancy versus the natural expiry of a contract.
- Analysis of the doctrine of efflux of time in the context of fixed-term ad-hoc academic appointments.
- Distinction of precedents where maternity leave commenced during the subsistence of a contractual tenure.
- Judicial scrutiny of the "qualifying period" under Section 5(2) and its application to non-renewed contracts.
- Assessment of whether cessation of service by contract expiry constitutes discriminatory treatment.