Case Title : Smt. Priyanshi Garg w/o Shri Ankit v Union of India
Case no : Writ Petition No. 5487 of 2024
Order no : 10th April, 2024
Quorum : Hon’ble Justice Subodh Abhyankar
FACTS OF THE CASE
The petitioner Smt.Priyanshi Garg was a contractual employee in Army Public School, Mhow, District Indore (M.P.) she filed a writ petition under Article 226 of the Indian Constitution Invoking the Jurisdiction of High court of Madhya Pradesh challenging her termination from employment by invoking clause 4 of the contract.
Smt.Priyanshi was appointed on an ad hoc basis as Primary Teacher in the Army public School on 15/09/2021. The contract was for a period of 3 years.
The petitioner requested maternity leave benefit under the Maternity Benefit Act, 1961 and sent an email on 03/02/2024 to respondent No.4 regarding the same.
The respondent later informed the petitioner that due to the insufficiency of funds she had an option to go on leave without pay.
The Respondents later served an impugned two month prior notice for termination of her service on 12/02/2024
LEGAL PROVISIONS
- Article 226 of the Indian Constitution : Clearly states that every High Court has the powers throughout the territories in relation to which it exercises jurisdiction to issue writ or any order to any person or authority.
- Section 12 of the Maternity Benefit Act, 1961 : Any women deprived of maternity benefit or discharged during pregnancy can appeal to the prescribed authority.
CONTENTION OF THE PETITIONERS
The petitioner contended that the notice which was sent by the respondent was in retaliation to the email which was sent on 03/02/2024. The petitioner further states that she was compelled to submit the notice copy to the National Commission for Women as the notice given was just an arbitrary exercise of respondent no.4 to bypass the provisions of Maternity Benefit Act of 1961.
The counsel for the petitioner relied upon the Full Bench Judgement of the Supreme Court in the case of Mohinder Singh Gill and another vs. The Chief Election Commissioner, New Delhi and others reported as (1978) 1 SCC 405 and stated that even tho the respondents school is unaided they are still obligated to follow the provisions of the Maternity Benefit Act, 1961
CONTENTION OF THE RESPONDENT
The Respondents stated their contention by bringing the court’s attention to the petitioner’s temperamental issues and discriminatory behaviors which were brought to the schools notice by the parents.The respondents even mentioned the petitioners shortcomings as a teacher.
The counsel for the respondents stated that despite her willingness to give the Maternity Benefit to the petitioner, they terminated her from employment due to the complaints and her shortcomings.
The respondents even stated that the termination will not affect the petitioner negatively.
COURT’S ANALYSIS AND JUDGMENT
Smt. Priyanshi Garg Vs Union Of India And Ors.Smt. Priyanshi Garg Vs Union Of India And Ors. The High Court looking at the contentions of both the petitioner and the respondent stated that as the management was willing to pay the maternity benefit but maintained its decision to terminate the employment because of the petitioners behavior.
The High court referring to section 12 of the Maternity Benefit Act, highlighted the appeal mechanism to women who have been deprived maternity benefit or discharge during pregnancy.
As the respondents were willing to pay the maternity benefits the remedy for the petitioner under Article 226 was deemed to be granted. In such circumstances no other relief can be granted and the petitioner can take the recourse of the alternative remedy provided under Section 12 of the Maternity Benefit Act, 1961 if necessary.
“PRIME LEGAL is a full- service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
JUDGMENT REVIEWED BY – Nagashree N M
