May 3, 2017 3:19:16 am
A DELHI court has held that the All India Institute of Medical Sciences (AIIMS) cannot deny maternity benefits to a nurse for her third child, who was born after she had undergone a tubectomy at the premier hospital. AIIMS had denied her the maternity benefits saying that as per rules, an employee can only avail the benefits during the birth of her first two children.
Avtar Dogra, presiding officer in the Central Government Industrial cum Labour Tribunal in Karkardooma court, wrote in his order: “Action of the (AIIMS) management in denying maternity leave on account of bearing of the third, unwanted child after successful family planning operation is totally illegal and unjustified.”
AIIMS management did not participate in the proceedings, despite several notices being sent to them. Hence, the labour tribunal decided to go ahead without them. The complainant’s lawyer Rachitta Priyanka Rai said, “We may have to file a clarification application to figure out details like whether her earned leaves, exhausted during her pregnancy, will be reinstated or if she’ll receive pay for them, but overall this is a fantastic order.”
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