Supreme Court upholds Decision to Deny Maternity Benefits for Legal Aid Lawyers

The Supreme Court recently rejected a petition contesting the denial of maternity benefits to a legal aid lawyer employed by the Delhi Legal Services Authority in the case of [Annwesha Deb v. Delhi State Legal Services Authority]. The petitioner, Annwesha Deb, had argued that her engagement as a legal aid lawyer entitled her to the same maternity benefits as regular employees. However, the Court upheld the stance of the Delhi Legal Services Authority, which stated that legal aid lawyers are not regular employees and therefore are not eligible for such benefits. This ruling underscores the ongoing debate regarding the rights and benefits of legal aid lawyers who often work under temporary or contractual engagements.

A Division Bench comprising Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu requested detailed information while hearing a plea concerning the significant influx of migrant workers into Kerala. The Court underscored the need for a systematic approach to monitor both the influx and the living conditions of these workers.

In response, the Court called for comprehensive details regarding the procedures employed by Local Self Government authorities for the registration of migrant workers and the monitoring of their living conditions.

“The learned Government Pleader is directed to obtain instructions concerning the registration process of migrant workers and their living conditions in the State. Specifically, the Government Pleader must seek guidance from the Local Self Government Department to determine whether there is a mechanism in place to ascertain the number of occupants in residential buildings where migrant workers reside while they are in Kerala,” the Court ordered.

Additionally, the Court emphasized the importance of ensuring that the living conditions of migrant workers meet basic health and safety standards. It also sought information on any existing welfare measures provided by the state to support migrant workers, particularly in terms of housing, healthcare, and employment rights. The Court highlighted the necessity of creating a database to keep track of migrant workers and suggested that local authorities collaborate with state and central agencies to streamline the monitoring and registration processes.

The plea brought to light various issues faced by migrant workers, including overcrowded living conditions, lack of access to healthcare, and insufficient legal protections. The Court’s directives aim to address these concerns and improve the overall welfare and integration of migrant workers within the state.