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In a matter where one pregnant woman had been denied maternity benefits/ leave by the employer University on the grounds that there were no such regulations of the University, Allahabad High Court last week sought the University’s written response.

The bench of Justice Ajay Bhanot was in the process of dictating the judgment in the matter when the court felt that interest of justice would be served better if the written response of the University is brought on record.

Earlier, the respondent University had been duly served notice on the case of the petitioner woman and the University had also made its oral submissions while responding.

However, the court sought a written response and listed the matter for further hearing and dictation of the remaining part of the judgment.

The petitioner pregnant woman had claimed that the fact that the right of maternity benefits including maternity leave is entrenched as a fundamental right flowing from Article 21 of the Constitution.

Referring to various Apex Court pronouncements regarding the issue, she had further argued that the failure of the respondent University to provide maternity benefits/ leave has resulted in violation of the fundamental rights of the petitioner under Articles 14, 15(3) and 21 of the Constitution of India.

The woman had also claimed that the University cannot permit infringement of the fundamental rights of the petitioner on the footing that there are no regulations of the University which provide for implementation of the fundamental rights of maternity leave and dignified institutional environment to support pregnant women.

She had averred,

“The omission of the University to frame Regulations under Section 29 of the Uttar Pradesh Technical University Act, 2000 in regard to the grant of maternity leave reflects the failure on part of the University to implement the law laid down by the Supreme Court and manifests lack of sensitivity towards pregnant women.”

Therefore, she had contended that she cannot be denied equal opportunities and discriminated against on account of failure of the University authorities to perform their statutory duties.

The matter will be next heard on Oct 7.

Case Title: Saumya Tiwari v. State of U.P. And 3 Others