AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Mr. Ankit Kumar, learned counsel for the petitioner and Mr. Ashish Kumar Thakur, learned counsel for respondent-State.
This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due
to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been
heard.
The petitioners have preferred this writ petition for direction upon the respondents to make payment of honorarium amounting to Rs. 78,435 along with
interest to the petitioner no. 1 for a period from 01.10.2015 to 21.12.2015 and Rs. 87,150/- along with interest to the petitioner no. 2 for a period from
21.03.2016 to 20.06.2016.
Mr. Ankit Kumar, learned counsel for the petitioners submits that the petitioners were appointed as lady supervisors in ICDS on contractual basis. He
submits that the petitioner no. 1 was in maternity leave from 01.10.2015 to 21.12.2015 under the Maternity Benefit Act, 1961 and thereafter on
22.12.2015 she had resumed her work. He further submits that petitioner no. 2 was in maternity leave from 21.03.2016 to 20.06.2016 and thereafter
she resumed her work on 21.06.2016. The petitioners made representation       before the      State   Â
Women           Commission,   Ranchi for disbursement of their maternity leave compensation but no decision has been
taken as yet.
Learned counsel for the petitioners submits that identical matter has been decided by this Court in W.P.(S) No. 2766 of 2018 vide order dated
10.01.2019 considering the Maternity Benefit Act, 1961 wherein it has been held that temporary workers are also entitled for the benefit of the said
Act. Mr. Ashish Kumar Thakur, learned counsel for the respondent-State submits that the petitioners may file fresh representation before the
respondent nos. 6 & 7 along with copy of order dated 10.01.2019 passed in W.P.(S) No. 2766 of 2018 who will take decision in accordance with law.
In view of the above facts and considering the submissions of the learned counsel for the parties, the petitioners are directed to file fresh
representation before respondent nos. 6 & 7 with all the credentials on which they are relying including copy of order dated 10.01.2019 passed in
W.P.(S) No. 2766 of 2018 within two weeks from today. If such representation is filed within the aforesaid period the respondent nos. 6 & 7 will take
decision considering the order dated 10.01.2019 passed in W.P.(S) No. 2766 of 2018 and will pass reasoned order within a period of eight weeks
thereafter.
It goes without saying that if the decision is taken in favour of the petitioners, the benefit of the same shall be accrued in favour of the petitioners
within a period of further six weeks thereafter.
With the above observations and directions, this writ petition stands disposed of.