In a landmark judgment, the Karnataka High Court directed the state government to reinstate an outsourced female employee who was dismissed after taking maternity leave. The HC ordered that she continue working until a regular appointment is made.
Chandbi Baligar from Hirehadagali in Vijayanagara district was hired as a contract accountant at Raitha Samparka Kendra (Kasaba) in Huvinahadagali in June 2014. Her employment persisted beyond the initial year despite changes in contractors, with the new agency continuing her salary payments without a fresh agreement.
After conceiving her second child, Baligar requested maternity leave from 6 May, 2023, to 31 August, 2023. Upon her return on 1 September, 2023, she was informed that another person had taken her position. Despite seeking help from the assistant director of agriculture and other officials, she received only verbal assurances with no concrete actions.
As a last resort, Baligar filed ans writ petition through Advocate Roshan Chabbi with the Karnataka High Court in January 2024. The Court allowed Baligar to resume her role as an accountant until a permanent appointment is made.
The Court also ruled that Baligar is entitled to back wages and all benefits under the Maternity Benefits Act of 1961. Additionally, the HC ordered the authorities to pay Rs 25,000 towards the cost of the petition.
Advocate Roshan Chabbi remarked that the continued engagement of the same contractual employee over a long period hinders socio-economic justice. He emphasised that the state should not perpetuate the practice of employing long-term contractual employees, as it is obligated to act as a model employer.
1 Comment
Feeling very happy for this right decesion by the honorable judge, but if every victim has to be judged at the court? Then why to we have a HR heads, Director HR, Ministry of HR, where there are many hundreds and thousands of may be laks of contract workers in India who are not being paid proper salaries on time, and other benefits like bonus, the PF contribution, ESIC etc.. should everyone approach the law of court?