In a noteworthy case protecting the rights of working women, Advocate Sourav Singh Tomar successfully represented Smt. Seema Narwariya, a Grade-1 Lecturer at J.C. Mill Higher Secondary School, Gwalior, in Writ Petition No. 8755 of 2023 before the Hon’ble High Court of Madhya Pradesh at Gwalior.
The petitioner had proceeded on maternity leave in December 2022, and upon returning after two months, was not permitted to rejoin her post. Instead, she was told to wait until the next academic session in July 2023, and was denied salary for the period of absence, in clear violation of the Maternity Benefit Act, 1961.
Advocate Sourav Singh Tomar, appearing on behalf of the petitioner, argued that the denial of salary and refusal to allow resumption of duties were unlawful and discriminatory. He invoked Section 17 of the Maternity Benefit Act, which provides mechanisms for redressal of grievances related to maternity benefits through the Inspector and, if needed, appeal to the Collector.
The Court, acknowledging the merit in Advocate Tomar’s arguments, ruled that the petitioner had been deprived of her legal right to seek remedy under the Act due to prior directions issued by the Collector. Recognizing this procedural bar, the Court granted liberty to the petitioner to submit a representation to the Inspector under the Maternity Benefit Act, and directed the Inspector to decide the matter within two weeks, based on the contractual terms and statutory provisions.
This decision highlights Advocate Sourav Singh Tomar’s deep understanding of employment and women’s rights law, particularly in education sector disputes. His ability to secure timely judicial relief reinforces his reputation as a dedicated and result-driven service law advocate.