Maternity Benefit Act applies to casual, daily wage, and guest employees: Chhattisgarh High Court

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Published 28 October 2026

Bottom Line Up Front (BLUF)

The Chhattisgarh High Court held that the Maternity Benefit Act, 1961, does not deny benefits to women engaged on a casual, daily wage, or guest employee basis. The court considered a writ petition seeking maternity leave monetary benefits.

Ratio Decidendi · Legal Principle Established

The Maternity Benefit Act, 1961, extends its benefits to all women employees, irrespective of their employment status as casual, daily wage, or guest employees, provided they meet the eligibility criteria under the Act.

Practice & Procedural Impact for Advocates

Advocates should advise clients that maternity benefits are not restricted by employment type (casual, daily wage, guest). Litigants should be prepared to demonstrate fulfillment of the 80-day work requirement under the Act.

Key Legal Takeaways

1Maternity Benefit Act, 1961, covers casual, daily wage, and guest employees.
2Employment status does not preclude maternity benefits.
3Eligibility for benefits depends on meeting the Act's conditions, not the nature of employment.

The Legal Issue The Chhattisgarh High Court addressed a writ petition concerning the applicability of the Maternity Benefit Act, 1961, to women employed on a casual, daily wage, or guest employee basis. The petitioner sought a direction from the authorities to grant her all monetary benefits admissible during her maternity leave period.

Court's Reasoning The Chhattisgarh High Court determined that the Maternity Benefit Act, 1961, does not contain any provisions that exclude women engaged on a casual, daily wage, or guest employee basis from receiving maternity benefits. The court emphasized that the spirit and intent of the Act are to provide support to women during maternity, and restricting its application based on the nature of employment would defeat its purpose. The court implicitly held that as long as the eligibility criteria, such as the minimum period of service, are met, the benefits under the Act must be extended.

What Follows The court's decision implies that the authorities are directed to consider the petitioner's claim for maternity benefits in accordance with the Maternity Benefit Act, 1961, without discriminating based on her employment status. This ruling clarifies that employers cannot deny maternity benefits solely because an employee is casual, daily wage, or a guest employee.