HC gives BMC 2-week ultimatum to pay maternity benefits to contractual doctor
The HC had, in February, while setting aside the hospital's decision to deny benefits to the petitioner, said authorities should be "more sensitive" to deserving employees and see to it that the working woman does not have to compromise between her career and caregiving.
"This exercise shall be positively carried out within a period not later than 2 weeks," the HC noted and posted further hearing to record compliance on June 8.
Hearing contempt petition by a contractual doctor at KEM Hospital alleging failure of the Brihanmumbai Municipal Corporation (BMC) to follow court order, the Bombay High Court on Tuesday directed it to compute and release maternity leave benefits to her in an expeditious manner within two weeks.
The HC had, in February, while setting aside the hospital’s decision to deny benefits to the petitioner, said authorities should be “more sensitive” to deserving employees and see to it that the working woman does not have to compromise between her career and caregiving.
The court on February 27 had allowed plea by anaesthesiologist Dhanashri Ramesh Karkhanis, who was employed on a contractual basis as an Assistant Professor (Anaesthesiology) at Seth G S Medical College and KEM Hospital.
The petitioner had sought setting aside of October 2024 communication that rejected her claim for benefits under the Maternity Benefit Act, 1961.
Even as the hospital claimed BMC service rules did not apply to the contractual employee, the HC dismissed it and observed the “objective of maternity benefits is to protect the dignity of motherhood” and to provide financial security to the woman and the child during the period she is unable to work.
Karkhanis has been employed at KEM Hospital since January 2022, with her contract renewed every year.
Following her most recent renewal in July 2024, she fulfilled the statutory requirement of completing 80 days of work within the previous 12 months and submitted her maternity leave request for six months in October 2024. Her application was denied.
Story continues below this ad
She gave birth in November 2024 and continued to pursue the statutory benefits she was entitled to.
After attempting to return to work on April 7, 2025, she resigned the following day, stating that the lack of creche facilities, fixed nursing breaks, and uncertain working hours were the reasons for her decision.
A division bench of Justices Riyaz I Chagla and Advait M Sethna on May 5 was hearing her contempt petition argued through advocate Subit Chakrabarti, which claimed that the authorities failed to comply with the February 27 directives to pay the amounts within six weeks, therefore they were in contempt of the court orders.
BMC’s lawyer submitted a March 16 communication, subsequently endorsed by the its Commissioner on April 29 for computation and release of amounts payable to petitioner.
Story continues below this ad
“This exercise shall be positively carried out within a period not later than 2 weeks,” the HC noted and posted further hearing to record compliance on June 8.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
