The Bombay High Court addressed a contempt petition filed by a contractual doctor at KEM Hospital, alleging that the Brihanmumbai Municipal Corporation (BMC) failed to adhere to a prior court ruling. On Tuesday, the court mandated that the BMC calculate and disburse maternity leave benefits to the doctor within a two-week timeframe.
In February, the High Court had overturned the hospital’s decision to deny these benefits, emphasizing the need for authorities to exhibit greater sensitivity towards deserving employees. The court underscored the importance of ensuring that working women do not have to choose between their professional responsibilities and family caregiving.
On February 27, the court granted a request from Dhanashri Ramesh Karkhanis, an anaesthesiologist who worked on a contractual basis as an Assistant Professor in Anaesthesiology at Seth G S Medical College and KEM Hospital. Karkhanis sought to challenge an October 2024 notification that dismissed her claim for benefits under the Maternity Benefit Act, 1961.
Despite the hospital’s assertion that BMC service regulations were not applicable to contractual personnel, the High Court rejected this argument. The court noted that the essence of maternity benefits is to uphold the dignity of motherhood and to offer financial support to both the mother and child during the period when the mother is unable to work.
Karkhanis has been with KEM Hospital since January 2022, with her contract renewed annually. After her most recent renewal in July 2024, she met the requirement of 80 days of work over the past year and submitted her maternity leave application for six months in October 2024, which was subsequently denied.
She welcomed her child in November 2024 and continued to seek the benefits to which she was entitled. Following her attempt to return to work on April 7, 2025, she resigned the next day, citing the absence of childcare facilities, fixed nursing breaks, and unpredictable work hours as her reasons for leaving.
On May 5, a division bench comprising Justices Riyaz I Chagla and Advait M Sethna heard her contempt petition, presented by her attorney, Subit Chakrabarti. The petition alleged that the authorities had failed to comply with the February 27 order that required payment to be made within six weeks, thus constituting contempt of court.
The BMC’s attorney referenced a communication from March 16, subsequently confirmed by the Commissioner on April 29, which outlined the computation and release of the payments owed to Karkhanis. The High Court emphasized that this process must be completed within two weeks and scheduled a follow-up hearing for June 8 to ensure compliance.
Omkar Gokhale is a journalist with The Indian Express, based in Mumbai, and his reporting showcases a deep understanding of legal matters. His expertise in covering the Bombay High Court and the Supreme Court provides reliable insights into significant judicial developments in Maharashtra and its institutions.
Gokhale’s affiliation with The Indian Express, a reputable national newspaper known for its high journalistic standards, further enhances the credibility of his legal coverage. His work focuses primarily on legal and judicial affairs, offering detailed reports on cases involving fundamental rights, environmental issues, and key civil and criminal law matters.
Additionally, Gokhale covers important constitutional and Supreme Court issues, governance, and institutional oversight, emphasizing the impact of court decisions on public entities like the BMC. His consistent reporting establishes him as a prominent voice for legal developments in Mumbai and throughout Maharashtra.
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