संविदा कर्मी भी मातृत्व अवकाश की हक़दार।
भेदभाव महिला के अधिकारों का उल्लंघन।
The Universal Declaration of Human Rights, adopted by the United Nations on 10th of December, 1948,
Convention on the Elimination of all forms of discrimination against women adopted by the United Nations on 18.12.1979
को आधार बनाया कोर्ट ने।
बागपत में तैनात अनुदेशिका की रिट पर हुआ आदेश
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 7
Case :- WRIT - A No. - 18813 of 2016
Petitioner :- Manisha
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Durga Tiwari
Counsel for Respondent :- C.S.C.,Rajesh Yadav
Hon'ble B. Amit Sthalekar,J.
Heard Smt. Durga Tiwari, learned counsel for the petitioner, Sri Rajesh Yadav, learned counsel for the respondent no.5 and Sri Mata Prasad, learned Additional Chief Standing Counsel for the respondents no.1 to 4.
The petitioner in the writ petition is claiming maternity leave. According to her she applied for maternity leave w.e.f. 19.3.2016. In respect of her claim, the petitioner has submitted an application dated 1.2.2016, Annexure-4 to the writ petition, before the District Basic Education Officer, Baghpat through the Principal, Poorva Madhyamik Vidyalaya, Gurana, Baghpat, under receiving which has been forwarded by the Principal to the District Basic Education Officer, Baghpat. The learned counsel for the petitioner has placed reliance upon a Government order dated 22.12.2015, Annexure-7 to the writ petition, which is applicable in the case of honorary teachers, being paid honorarium of the post graduate colleges and submits that the petitioner is also entitled to maternity leave. A similar matter came up before the Supreme Court in the case of Municipal Corporation of Delhi Vs Female Workers reported in 2000 LawSuit (SC) 487 wherein the Supreme Court referring to Article 11 of the Convention on the Elimination of all forms of discrimination against women adopted by the United Nations on 18.12.1979 has held that the principles laid down in Article 11 thereof must be read into the contract of service of the women employees employed in the Municipal Corporation of Delhi. Paragraph 34 of the judgment reads as under:-
"Delhi is the capital of India. No other City or Corporation would be more conscious than the City of Delhi that India is a signatory to various International covenants and treaties. The Universal Declaration of Human Rights, adopted by the United Nations on 10th of December, 1948, set in motion the universal thinking that human rights are supreme and ought to be preserved at all costs. This was followed by a series of Conventions. On 18th of December, 1979, the United Nations adopted the "Convention on the Elimination of all forms of discrimination against women". Article 11 of this Convention provides as under:-
1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular;
(a) The right to work as an inalienable right of all human beings;
(b) The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment;
(c) The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational train-ing and recurrent training;
(d) The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work;
(e) The right to social security, particularly in cases of retire-ment, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave.
(f) The right to protection of health and to safety in working conditions, including the safeguarding of the function of repro-duction.
2. In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, States Parties shall take appropriate measures :
(a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimi-nation in dismissals on the basis of marital status;
(b) To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances;
(c) To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and develop-ment of a network of child-care facilities;
(d) To provide special protection to women during pregnancy in types of work proved to be harmful to them.
3. Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary."
It is not disputed that the conditions which are applicable to the contractual women employees would also be applicable in the case of the present petitioner and any act to the contrary would amount to discrimination against women employees.
In this view of the matter, this writ petition is disposed of with a direction to the respondent no.5-District Basic Education Officer, Baghpat to consider the claim of the petitioner for grant of maternity leave in accordance with law in the light of the observations made above within a period of one month from the date of receipt of a certified copy of this order in his office.
The petitioner shall also provide a copy of the application dated 1.2.2016 along with certified copy of this order to respondent no.5.
Order Date :- 27.4.2016
इसी प्रकार के केस में लखनऊ बेंच का आदेश
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Court No. - 7
Case :- SERVICE SINGLE No. - 24601 of 2016
Petitioner :- Vineeta Singh And 11 Ors.
Respondent :- State Of U.P. Thru Secy. Basic Edu.Lucknow And Others
Counsel for Petitioner :- Dhananjay Srivastava,Smt. Durga Tiwari
Counsel for Respondent :- C.S.C.,Prashant Arora,Shivam Sharma,Shobhit Kumar
Hon'ble Devendra Kumar Upadhyaya,J.
Heard learned counsel for the petitioner, Shri Shobhit Kumar, learned counsel appearing for State Project Director, Sarva Shiksha Abhiyan, Lucknow, Shri Shivam Sharma, learned counsel appearing for District Basic Education Officer, Raebareli and learned Standing Counsel appearing for the State-respondents.
The petitioners are seeking appropriate direction to be issued to the respective District Basic Education Officers to take decision on the representation/application preferred by them for grant of maternity leave.
Accordingly, let decision on the application/representation moved by the petitioners be taken by the respective District Basic Education Officers forthwith i.e. within a fortnight from the date of production of certified copy of this order in accordance with law laid down by this Court in the case of Manisha vs. State of U.P. and others, Writ-A No.18813 of 2016.
To facilitate the decision to be taken by the concerned District Basic Education Officer on the application moved by the petitioners seeking grant of maternity leave, the petitioner shall also furnish a copy of the judgment and order dated 27.04.2016 passed by this Court in Manisha vs. State of U.P. and others, Writ-A No.18813 of 2016 along with certified copy of this order.
With the aforesaid observations and directions, the writ petition is finally disposed of.
Order Date :- 7.10.2016