DCW issues notices to govt departments, Forensic Science Lab

The Delhi Commission for Women (DCW) has issued notices to the city government's Labour Department, Services Department and Forensic Science Laboratory (FSL) over non-provision of maternity benefits for their contractual employees.
The move came in the wake of Commission receiving a complaint by a contractual employee of the Forensic Science Laboratory under Delhi government regarding the non-provision of maternity benefits for her during the course of her maternity leave.
"The Commission is of the view that the non payment of maternity benefits to contractual employees is a violation of the Maternity Benefits Act of 1961.
"In addition, as-per the judgment of the Apex Court in the case of Municipal Corporation of Delhi v Female Workers (Muster Roll) and another reported in (2000) 3 SCC 224, it has been held that the Maternity Benefit Act makes no difference between permanent, temporary and contractual employees," a DCW senior official said.

Earlier, the DCW had issued notice to the Delhi government's Home Department asking it to ensure maternity benefits to the complainant and to issue clear guidelines to all offices under it, detailing the entitlements of a contractual employee under the Maternity Benefit Act of 1961.
"After receiving DCW's notice, the Home Department sought an opinion from the Law Department which has opined that 'female contractual employees are entitled to maternity leave as per the provisions of the Maternity Benefits Act 1961', which stipulates that every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit, which is 3 months of her salary," the official said.

Further, the Law Department has stated in its opinion that the administrative departments should examine the matter and take further action as desired by the Commission.
Based on the opinion, the Home Department requested the Services and Labour department for the issual of clear and definite guidelines for both public and private institutions regarding maternity leave and maternity benefits as per the provisions of the Maternity Benefit Act 1961, the official said.
The DCW has now issued notices to the Labour Department and the Services Department as to why the guidelines regarding entitlements of contractual employees under the Maternity Benefit Act 1961 have not been issued till date and has also written to the FSL for immediate disbursal of the maternity benefits that the particular complainant is entitled to.