Current Affairs

Source: Delhi High Court

Why in News?

Recently, the Delhi High Court in the matter of Delhi State Legal Services Authority v. Annwesha Deb has held that an advocate empanelled with a legal services authority is not an employee and, therefore, is not entitled to maternity benefits under the Maternity Benefit Act, 1961.

What was the Background of Delhi State Legal Services Authority v. Annwesha Deb Case?

• In this case, the respondent was appointed in the Juvenile Justice Board-I, Sewa Kutir, Kingsway Camp, New Delhi as a Legal Services Advocate.
• During the period, of her appointment, in April 2017, she conceived a child and hence applied for maternity leave of seven months.
• A letter was also served upon the Member Secretary of the Authority by the respondent regarding her claim for grant of maternity benefits.
• The respondent received an email from the Authority, rejecting her request for maternity benefits, as there is no provision for the grant of same to Legal Services Advocate.
• The respondent, feeling aggrieved by the decision of the Authority approached the Learned Single Judge of the Delhi High Court.
• The Single Judge ordered the Delhi State Legal Services Authority (DSLSA) to release medical, monetary and other benefits to its empanelled legal aid advocate.
• DSLSA challenged this judgment before the Division bench of the High Court by filing an appeal.
• Allowing the appeal, the High Court set aside the judgment of the Single Judge.

What were the Court’s Observations?

• A Bench of Justices V Kameswar Rao and Saurabh Banerjee observed that an advocate empanelled with a legal services authority is not an ‘employee’ and, therefore, is not entitled to maternity benefits under the Maternity Benefit Act, 1961.
• It was further held there cannot be a comparison between an advocate who continues to act as such and an employee who is appointed as per the recruitment rules and the learned Single Judge has erred in extending the benefits of the Act to the respondent, more particularly, given the nature of her appointment.

What is the Maternity Benefit Act, 1961?

• About:
  • The Maternity Benefit Act, 1961 is legislation that benefits the employment of women during the time of their maternity.
  • It ensures the women employee of ‘maternity benefits’, which is getting their salary paid during their absence from work to take care of the newborn child.
  • This applies to any establishment employing more than 10 employees. This act was further amended under the Maternity Amendment Bill, 2017.
  • The act is an important piece of legislation that protects the dignity of motherhood.
  • It also helps ensure that working women are able to provide proper care for their children. In addition to protecting the rights of women, maternity benefits also help women with their finances.
• Eligibility:
  • To be entitled to access the benefits under the act, the employee (women) must be employed with the establishment for a period of 80 odd days in the past twelve months.
• Case Law:
  • In the case of Satakshi Mishra v. State of UP (2022), Allahabad High Court held that the Maternity Benefits Act, 1961 does not contain any such stipulation regarding the time difference between the first and second child for the grant of maternity benefits.