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Bombay HC – Maternity Leave Cannot Outlive Employment

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Judgment dated 13.7.2026 of the High Court of Bombay (OS) in WP No.4244 of 2025 of Somaiya Vidyavihar KJJ Somaiya College  Vs.  The Assistant Commissioner of Labour & Appellate Authority under the Maternity Benefit Act, 1961 and others

Maternity Benefit Act – Contractual Employment of Asstt. Professor in Aided College.

Maternity Benefits Not Available After Expiry of Contractual Employment

The decisive factor is not whether the employee is adhoc or contractual but whether there existed employee-employer relationship on the date of commencement of maternity leave.  If the contractual employment expires before commencement of maternity leave, Section 12 of the MB Act is not attracted.

Bombay HC Clarifies Maternity Benefits for Adhoc Employees – No Right Beyond Expiry of Fixed-Term Contract.

Bombay HC Draws the Line – Maternity Benefits & Fixed-term Employment

No Subsisting Employment – No Maternity Benefits – Bombay HC Ruling

Maternity Leave Cannot Outlive Employment  – Bombay HC

The respondent no.3 was appointed as Assistant Professor on adhoc basis for fixed period on two occasions in 2023 and 2024.

She has applied for maternity leave on 27.3.2024 for the expected delivery in July 2024.  However, the College informed on 14.6.2024 that the request for maternity benefits could be considered if she was appointed afresh.  The respondent no.3 ceased to be an employee of the College from 30.4.2026.

We also find that the facts of the present case do not attract the provisions of Section 12 of the Act. Respondent No.3 was not dismissed or discharged from service during the period of her pregnancy so as to confer upon her the protection contemplated under the said provision. Her appointment simply came to an end by Page 10 of 15 Mane 11-WP-4244-25 (1).DOC efflux of time on 30th April 2024, in terms of the conditions governing her ad-hoc contractual appointment, and there is no material on record to indicate that the ad hoc contractual tenure was either curtailed or prematurely terminated on account of her pregnancy.

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