You are entitled to maternity leave even if you are ad hoc employee
2) The CAT placed reliance upon Section 5 of the Maternity Benefit Act, 1961 which inter alia states that “subject to the provisions of the Act, every women shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day.”
2. The CAT cited the ruling of the Hon’ble Apex Court in the case of Municipal Corporation of Delhi vs. Female Workers (Muster Roll) & Anr. (2000 (3) SCC 224) which held as follows: "To become a mother is the most natural phenomena in the life of a woman. Whatever is needed to facilitate the birth of child to a woman who is in service, the employer has to be considerate and sympathetic towards her and must realise the physical difficulties which a working woman would face in performing her duties at the work place while carrying a baby in the womb or while rearing up the child after birth. The Maternity Benefit Act, 1961 aims to provide all these facilities to a working woman in a dignified manner so that she may overcome the state of motherhood honourably, peaceably, undeterred by the fear, of being victimized for forced absence during the pre or post-natal period.”
3) The Tribunal held that benefits of maternity leave with full salary cannot be denied to a female employee appointed on contractual basis and that the applicant is entitled to maternity leave as per provision of Section 5 of the maternity benefit Act, 1961.
4) CAT ordered that the applicant may be allowed to resume service as a guest teacher in terms of her original engagement letter and that the respondents give the back wages to the applicant till the disposal of the application with all consequential benefits for the academic year 2015-2016.