The case concerned a contract doctor at the Janakpuri Hospital in Delhi, who had been granted maternity allowance for a shorter period than required by law (26 weeks paid by the employer), only until the end of her contract (11 June 2017). When she applied for a maternity allowance, the employer informed her that she could only be granted 11 days.

The Central Administrative Tribunal of New Delhi and the Delhi High Court upheld this approach. 

The Supreme Court, however, also referring to other precedents, overturned those decisions based on an interpretation of Section 12(2)(a) of the MB Act, which provides that maternity benefits must also be paid to an employee who is dismissed or discharged at any time during her pregnancy (provided that the woman is not already absent due to pregnancy), if that employee would have been entitled to such benefits had she not been dismissed.

Applying this principle to the present case, the Court set aside the judgment of the Delhi High Court and ordered the employer to pay the plaintiff her full maternity benefit within three months of the decision.

The issue had been somewhat debated, with non-uniform decisions in favour of one or the other interpretation.

Therefore, employers must consider this Supreme Court decision when applying for maternity benefits, where the statutory access requirements are met.