On Tuesday, the Bombay High Court directed the local civic body to refrain from firing a doctor who had been hired as a contract teacher at a hospital administered by the corporation because she had taken more time off from work than was allowed for maternity leave.
Arif Doctor and Somasekhar Sundaresan, the vacation bench of justices, stated that the municipal officials ought to handle the matter with reasonableness.
The Mumbai High Court was given the assurance by the Brihanmumbai Municipal Corporation (BMC) that the woman would not face any "precipitative action" over her termination till her case was heard the following month.
Seemantani Bose filed a case with the bench challenging a judgment made by the Bhabha Hospital authorities, claiming that she was a contractual employee and so not entitled to the required six-month maternity leave.
Bose may only take seven days of leave, according to the hospital.
The bench stated on Tuesday that it would consider the appeal on June 12 and that, in between, the BMC authorities have to act reasonably and refrain from taking any action against her.
Prashant Kamble, the attorney for the civic body, stated before the HC that Bose would not face "precipitative action" about her termination till the plea is heard in June.
The BMC was also asked to discharge her dues by the court.
"We make it clear that all entitlements of the petitioner, if due in accordance with law, shall be paid over to the petitioner, and pendency of this petition shall not come in the way," the bench stated.
On December 1, 2023, Bose, who holds an MBBS and an MS in obstetrics and gynecology, was hired by the Bhabha Hospital as a teacher-junior consultant.
She argued in her appeal, which was submitted through attorney Swaraj Jadhav, that Bose was hired on a contract basis for a six-month position with the automatic continuation of employment upon its expiration unless informed otherwise.
Bose requested a six-month maternity leave in writing to the hospital's deputy superintendent in March of this year because her delivery was scheduled for last month. Nonetheless, since she is employed under contract, the deputy superintendent informed her that she might take maternity leave without pay.
(Input from various sources)
(Rehash/Priyanka Pandey)
