Gurugram: The Punjab and Haryana High Court has ruled that an employee cannot be fired while on maternity leave, a judgment that could have far-reaching implications for workplace rights.
The court’s decision came in response to a petition filed by Balvir Kaur, who challenged the Punjab government’s termination of her employment during her sanctioned maternity leave.
The case was among 12 petitions—all raising the same legal question—heard by the Punjab and Haryana High Court on 22 January this year. The petitioners were seeking to be allowed to continue their service on their posts, subject to satisfactory work and conduct.
Kaur’s case, heard by Justice Harsimran Singh Sethi, brought to the fore the wrongful curtailment of her maternity leave, leading to her eventual dismissal. The court found no valid justification for terminating her employment before she could complete her leave.
“Once an employee is on maternity leave, the said period cannot be curtailed to terminate her services. The termination should only take effect after the completion of the sanctioned leave,” the court said in its order.
The court ordered the government to pay Kaur her full salary for the duration of her maternity leave, with arrears to be released within eight weeks.
“No valid justification has come from the respondents so as to curtail the period of maternity leave in order to terminate the services of petitioner Balvir Kaur. Hence, the petitioner Balvir Kaur will be entitled to the salary for the period she was granted maternity leave, and the order of termination of her services will be effective from the date she completed the said period,” said the order.
“The respondents are hereby directed to pay salary to petitioner Balvir Kaur for the maternity period for which, such leave was already sanctioned by the competent authority, which was wrongly curtailed to terminate the services of petitioner Balvir Kaur. Let the arrears of salary to Balvir Kaur be released within a period of 08 weeks from the date of receipt of the copy of this order,” said the order.
This order also addressed other petitions related to broader employment issues—including claims for regularisation of services and concerns about temporary employees being replaced without valid cause.
“Keeping in view the settled principle of law that the temporary employee cannot be replaced by another set of temporary employees, the petitioners will not be replaced by another set of temporary employees on the same terms and conditions on which the petitioners are working,” the order said.
(Edited by Sugita Katyal)
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