Contractual employees are also entitled to get maternity leave benefits and refusal to pay them salary during sanctioned maternity leave is impermissible.

The petitioner was initially appointed as Project Assistant at IIT on ad-hoc basis for three months. Looking to the conduct, working and behavior of petitioner, she was re- appointed for a period of one year with the revised salary. In between the petitioner became pregnant and applied for the maternity leave for six months. The employer granted the maternity leave, but without pay. When the petitioner came back after her maternity leave to join her service, she was maltreated by the governing members of administration. The Chhattisgarh High Court held that even the contractual employees would be entitled to get all the maternity leave benefits as provided by the law. Any refusal by the employer to pay salary to women contractual employee during her sanctioned maternity leave would amount to artificial discrimination against her which is not permissible.

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