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Orissa High Court Confirms Maternity Leave Rights for Contractual Employees

The court dismissed the state’s appeal, ordering compliance within eight weeks to secure equal maternity benefits for all women employees.

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Overview

  • A Division Bench of the Orissa High Court ruled that maternity benefits must extend to all women employees, including contractual and temporary staff.
  • The judges dismissed the state government’s appeal and directed authorities to implement the order within eight weeks.
  • The court held that excluding contractual workers from maternity leave benefits violates Article 14’s guarantee of equality before the law.
  • The judges cited India’s treaty obligations under ICESCR and CEDAW and emphasized the zero separation principle to safeguard a lactating mother’s right to breastfeed.
  • The decision builds on the Supreme Court’s May 2025 declaration of maternity leave as a fundamental reproductive right and resolves a decade-long dispute brought by contractual worker Anindita Mishra.