Mumbai: Observing that the authorities should be “reasonable”, the Bombay High Court on Tuesday restrained the Brihanmumbai Municipal Corporation (BMC) from terminating the services of a doctor, who was appointed as a teacher on contract, at the civic-run Bhabha Hospital in Bandra (W); and was maternity leave.
A vacation bench of Justices Arif Doctor and Somasekhar Sundaresan recorded the statement of the BMC advocate Prashant Kamble that the civic body will not take any “precipitative action” against Dr Seemantani Bose, as far as her termination is concerned, till the petition is heard by regular bench.
The court was hearing a petition by Bose, an MBBS and MS in obstetrics and gynaecology, who was appointed as a teacher- junior consultant at the Bhabha hospital on December 1, 2023. Her plea contended that she was appointed on a contract basis for six months on a post which had a provision for automatic renewal of employment on expiry of six months unless communicated otherwise.
She wrote to the deputy superintendent (DS) of the hospital, on March 21, for maternity leave from April 15 for 6 months as her expected delivery date was April 25. DS replied that she could go on maternity leave without pay since she is working on a contractual basis.
She once again wrote to the DS to reconsider her request. However, the DS said she will not be entitled to any maternity benefits relying on a clause in her appointment letter that she is entitled to only 7.5 days casual leave.
Her advocate Swaraj Jadhav pointed out the The Maternity Benefit Act, 1961, and said that she is entitled to maternity leave. He also said that the right of maternity benefits is confirmed by the HC and the Supreme Court.
Jadhav further pointed out an October 2018 judgment of the HC that held that even if a woman is employed on contract basis, she is entitled to maternity benefits. BMC advocate Prashant Kamble, however, said that she was appointed on a contract for six months and was asking for a maternity leave for six months, which cannot be granted.
To this, the bench said that the BMC should be reasonable. “You have to be reasonable,” Justice Doctor said while asking the BMC not to take any precipitate action till further hearing on June 12.
The court also asked the BMC to release her dues. "We make it clear that all entitlements of the petitioner, if due in accordance with law, shall be paid over to the petitioner, and pendency of this petition shall not come in the way,” the bench said.
