The Karnataka High Court has ordered the reinstatement of an outsourced employee whose work was discontinued after she took maternity leave. On July 26, Justice M G S Kamal of the Dharwad Bench issued the directive, criticizing the state for failing to act as a “model employer.”
The petitioner, an accountant in the assistant director of agriculture’s office, had been employed via a manpower agency. After returning from maternity leave taken from May 2023 to August 2023, she found another person in her role and her salary stopped. Despite assurances, no action was taken, prompting her to approach the court.
The Karnataka Government argued there was no direct contract with the petitioner, as the agreement was with the manpower agency. They also noted the agency’s contract with the state expired in June, while the maternity leave ended in August.
Justice Kamal dismissed the state’s contentions, stating the “lifting of the veil” doctrine showed an employer-employee relationship existed. The bench emphasized that the petitioner’s services were essential and continuous, and her absence had caused significant inconvenience to the authorities.
The court directed that the employee be allowed to resume her post until regular appointments are made, with eligibility for back wages and benefits under the Maternity Benefit Act. Additionally, the state was ordered to pay her Rs 25,000 in costs.