Petitioner is a senior executive engineer in the organisation. In this case, the petitioner is challenging two issues that were communicated by the respondent. Firstly, permission to allow for child care leave and secondly, to allow salary with the effect from 24.05.2021.
The court observed that the petitioner is unable to prove or point out any specific law that mandates child care leave to petitioner by organisation similarly as provided by the central government to a central government employee.
The court said to the organization that you should synthesize the condition of your employee in this serious situation of the covid pandemic. In this case, Mrs Prachi sen vs ministry of defence the petitioner challenging communication of organization warned the petitioner against willful disobedience and without permission leave.
The court granted leave to the petitioner to represent herself and explain her willful disobedience and about the regular joining of job.
The bench of Justice R Devdas said that the petitioner is an employee in the semiconductor technology and applied research centre which requires the physical presence of the employee. This work is sensitive and very important. The organization in the 2018 meeting told its employee that the work is important for country and very sensitive.
The court held that only if the work is of nature that can be done at home then it can be allowed under section 5 of the Maternity Benefit Act, 2017.