GOVT. NCT OF DELHI Vs. REHMAT FATIMA

JUDGEMENT

(1.) The present appeal under Clause X of the Letters Patent seeks to assail the order dtd. 6/10/2023 passed by the learned Single Judge in W.P.(C)13075/2019. Vide the impugned order, the learned Single Judge has partly allowed the writ petition filed by the respondent by directing the appellants to grant her maternity and medical benefits for a period of 26 weeks on account of her pregnancy as per the provisions of the Maternity Benefit Act, 1961 (hereinafter referred to as 'the Act').

(2.) On 5/3/2024, when the present appeal was listed for preliminary consideration, after some arguments, learned counsel for the appellants had sought time to obtain instructions whether in the light of the Mukhyamantri Mahila Samman Yojna, a recently announced scheme of the Govt. of NCT of Delhi to grant a monthly assistance to certain categories of adult women in Delhi, the appellants would still want to press their challenge to an order which directs grant of the benefits under the Act to a young woman in Delhi. Today, he submits that he has instructions to press the appeal.

(3.) In the light of this plea taken by the learned counsel for the appellants, we have no option but to proceed to deal with the appeal on merits, which we find is wholly misconceived and is in fact, in the teeth of various decisions of the Apex Court wherein it has been categorically held that even women working on contractual basis are entitled to be granted the benefits under the Act even if these benefits exceed the duration of their contractual engagement.