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Maternity Leave – Panel Lawyer of Legal Services Authority

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By the letter dated 9.5.2016, the petitioner was appointed as Legal Services Advocate in the Juvenile Justice Board, New Delhi, for Rs.1,750/- per day.  The petitioner was asked to provide legal services to the children produced before the Juvenile Justice Boards.

In 2017, she had applied for maternity leave.   The Delhi Legal Services Authority rejected the said request.

Section 5 of the Maternity Benefit Act 1961 – Section 3(o) includes women employed for wages in any establishment and section 3(n) includes wages all remuneration paid to a woman in terms of the contract of employment, etc.

The petitioner is an empanelled Advocate, paid honorarium as per fee schedule of the Delhi Legal Services Authority Act and is not an employee.

The relationship between the Authority and panel lawyer is of a client-lawyer and as such the Authority is not bound to provide benefits to the lawyers engaged by them in a professional capacity which the regular employees may be entitled to. Empanelment of an Advocate by an entity reflects professional engagement and does not amount to a contractual employment.

Order dated 22.7.2024 of the Supreme Court in SLP (Civil) No.15467 of 2024 confirming the Judgment dated 23.4.2024 in LPA No.701 of 2023 of the Delhi State Legal Services Authority  Vs. Annwesha Deb

 

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