Supreme Court Judgment: Dr. Kavita Yadav's Maternity Benefits

The appeal is allowed. Dr. Kavita Yadav is entitled to full

26-week maternity benefits under the 1961 Act. The High Court and Tribunal judgments

are set aside. Section 27 gives overriding effect to statutory provisions over contractual terms.

The law creates a legal fiction treating her as employed solely for maternity benefits purposes.

The employer must pay remaining maternity benefits (after deducting 11 days already paid) within three

months from the date of this judgment.