Mumbai: Bombay HC has held that a former ad hoc assistant professor of a Vidyavihar college was not entitled to maternity leave and consequential benefits under Maternity Benefit Act, 1961, after expiry of the contract period.Justice Girish Kulkarni and Aarti Sathe on Monday allowed a petition by K J Somaiya College of Arts and Commerce and quashed and set aside orders of labour authorities under the Act to pay her over Rs 2.4 lakh, comprising 26 weeks’ salary and a medical bonus.The assistant professor had served two successive ad hoc terms between Jan 2023 and April 2024. Before her contract expired, she applied for maternity leave on March 27, 2024, seeking leave from June 14 with an expected delivery date four days later. Her contract ended on April 30, 2024, and was not renewed. She filed a complaint before the labour inspector, who ordered the college to pay her Rs 2.4 lakh and to not to terminate her service during the maternity period. The appellate authority upheld the order. The judges said under the Act, maternity benefits arise only during subsistence of a contract.
