Maternity Leave – Employee has more than two surviving children
On 18.7.1997, the petitioner gave birth to one child from the wedlock with K. Raja Armugam. He died on 6.12.2000. In his place, the petitioner no.2 was appointed on compassionate ground on 24.2.2004.
On 1.7.2008, the petitioner no.2 re-married and she gave birth to two children on 27.6.2009 and 3.9.2012.
On delivery of second child after re-marriage, she applied for maternity benefit leave. The petitioner no.2’s application for maternity leave benefit was rejected on the ground that she is having more than two surviving children and hence, not eligible for the same as per Airport Authority of India Leave Regulations, 2003.
HELD that the first child was born before the plaintiff no.2 had joined the service. She did not take leave for second child born on 27.6.2009 while in service. She has applied for maternity leave for the second child born while in service. Thus, the petitioner had given birth to two children during service period. She is, therefore, entitled to maternity leave benefit when she applied for second delivery of child on 3.9.2012.
It is important to note that the benefit of leave and the condition imposed therein has been drafted keeping in mind the normal circumstances, where a female employee marries only once and gives birth thereafter. In our opinion, the fact situation in this case would be an exceptional circumstance which the Regulations have not contemplated.
Keeping in mind the laudable objective of the maternity leave provision, the respondents were not justified in denying the benefit of the maternity leave to the petitioner no.2 only on the ground that if the child born from first wedlock before joining the service is considered, she is not entitled for maternity leave.
The object of Maternity Benefit in AAI Leave Regulations under consideration is not to curb the population but to give such benefit only two occasions during service period.
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