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Section 68: Dismissal during absence of pregnancy unlawful

The Code on Social Security, 2020 (Act No. 36 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VI: Maternity Benefit
Competent Labour Forum
Act No. 36 of 2020
Section 67 All 163 Sections of Code on Social Security, 2020 Section 69

Legal Commentary & Landmark Judgments: Section 68

Section 68 of the Code makes it unlawful for an employer to discharge, dismiss, terminate, or alter the service conditions of a woman to her prejudice during her pregnancy, maternity leave, or absence on account of maternity illness.

  • Absolute Statutory Prohibition on Dismissal During Pregnancy: Prohibits the dismissal, termination, retrenchment, or adverse alteration of service conditions of a female employee during pregnancy or maternity absence.
  • Presumption of Illegality: Creates an irrebuttable statutory presumption that any dismissal during this period is invalid, rendering the termination void ab initio and entitling the woman to full back wages.
  • Survival of Maternity Pay Upon Unlawful Discharge: Provides that even if an employer purports to discharge the woman, such discharge shall not deprive her of her statutory maternity benefit or medical bonus.
Key Landmark Precedents:
  • Dr. Kavita Yadav v. Secretary, Ministry of Health and Family Welfare (2024) 1 SCC 421: Supreme Court held that any attempt to terminate or fail to renew a pregnant employee's contract violates statutory maternity protections; full maternity pay must be disbursed.
  • Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2000) 3 SCC 224: Supreme Court held that terminating pregnant workers is an act of hostile discrimination violating Articles 14, 15, and 21.
  • B. Shah v. Presiding Officer, Labour Court (1977) 4 SCC 384: Affirmed that maternity benefit laws prohibit any managerial victimisation of pregnant employees.
Courtroom Practice & Strategic Litigation Guidance:

If an employer plans to initiate performance management or restructuring involving a pregnant employee, immediately freeze all termination or demotion actions until the conclusion of her maternity leave; terminating a pregnant employee creates indefensible criminal and civil liability under Section 68.

Section 67 All 163 Sections of Code on Social Security, 2020 Section 69