The Court added that the respondent was a daily wage woman employee at the time of advance pregnancy and could not have been compelled to undertake hard labour as it would have been detrimental to her health and safety as well as the child’s health, safety and growth.
“Maternity leave is a fundamental human right of the respondent, which could not have been denied. Therefore, clearly the action of the petitioner is violative of Articles 29 and 39D of the Constitution of India,” the Court underscored.
With this, the State’s appeal was dismissed.
Source: Barandbench
