Honble VERMA, J.–The petitioner was appointed as Teacher Gr.III on ad hoc basis in the Army School Jaipur Cant., Jaipur on 1.11.95 in the pay scale of Rs. 1400-2600 and DA as admissible, vide order dated 1.11.1995 (ann.1). It was mentioned in the annexure-1 that her service conditions shall be governed by the terms and conditions as laid down in the Army Welfare Education Society Rules and Regulations of Army School. The school is affiliated to the Central Board of Secondary Education New Delhi. (2). As per written statement filed by respondent the school has been established by the Army Welfare Education Society (herein after to be called as `AWES) keeping in mind the needs of the defence personnel and the nature of their services. It was realised at the higher levels that occupational constraints result in disruption and of then neglected education of children of defence personnel, hence Army School were borne to provide sound educational facilities to them. It is stated that there are 108 branches of Army School through out the country and inter school transfer facilities are provided to students. Army School Jaipur Cant. is one of the links in this chain. Army Schools are non commercial welfare institutions and are extending the same facilities to the children of civilians also. (3). It is submitted that the AWES society is a registered society under the Societies Registration Act XXI of 1960 with the Registrar of Societies, Delhi Administration as Certificate No/513459 dated 29.4.1983 for the purpose of establishing and running Army Schools at stations recommended by the commands. (4). It is stated that the school is governed under three tire command and control system which is:- (i) Board of Governors and its Executive committee at Army Headquarters; Board of Administration at Headquarters Command; and (iii) Managing Committee at Station where the School is located. The School administration is in the hands of a highly competent and qualified managing Committee which comprises of the following:- Patron - GOC in C Southern Command. GOC 12 corps Chairman - Commander, Headquarters 61 (Independent) Sub Area. The School administration is in the hands of a highly competent and qualified managing Committee which comprises of the following:- Patron - GOC in C Southern Command. GOC 12 corps Chairman - Commander, Headquarters 61 (Independent) Sub Area. Members - Chief Engineer, Jaipur - Colonel, General Staff, Headquarters 61 (Independent) Sub Area - Administrative Commandant, Station Headquarters, Jaipur - Commanding Officer, Military Hospital, Jaipur - Additional Director, Electrical & Mechanical Engineers - Principal, Kendriya Vidyalaya No. 4 - Staff Officer-2 (Education), Headquarters 61 (Independent) Sub Area - Two Parents of the students of the School - Two teachers of the School - Principal - The Principal, Army School is also the secretary of the School. (5). The Board of Governors is the governing body which lay down policy, guidelines for the management and functioning of the institutions. The Governing Body consists of the under mentioned officers and any other person nominated by the Chairman or elected by the Governing Body:- a) Chairman - Adjutant General b) Members - Engineer in Chief, director General, Discipline and Ceremonial welfare, Director General, Military Training, Signal Officer in Chief, Director General, Ordinance Services, Director General Electrical & Mechanical Engineers, Director General, Supply & Transport, Dy. Quarter Master General, Addl. Director General, Ceremonial & Welfare, Judge Advocate General, Dy. Director General Welfare, New Member. c) Member Secretary - Secretary, Army welfare Education Society. (6). The petitioner was given the revised pay scale w.e.f. 1.8.97 even though the petitioner was continuing in the school since 14.12.95 and she was also informed that she would entitled for the medical allowance w.e.f. 1.8.98. (7). The petitioner had given birth to a body girl on 15.6.99, i.e. during the vacation. She proceeded on maternity leave w.e.f. 1.7.99. Only because of the reason that she had proceeded on maternity leave, the respondents terminated the service of petitioner w.e.f. 5.7.99 vide letter dated 10.8.99 (ann. 8). She represented that she had applied for the maternity leave on 26.6.98 w.e.f. 5.7.99, well in advance. It is stated even though the petitioner was temporary, but in any case, her serving could not be terminated because of the reason that she had applied for the maternity leave. Her representation was rejected vide order dated 7.9.99 (ann. 10) by Lt. Col., Secretary of Army School, Jaipur on behalf of the Chairman. (8). It is stated even though the petitioner was temporary, but in any case, her serving could not be terminated because of the reason that she had applied for the maternity leave. Her representation was rejected vide order dated 7.9.99 (ann. 10) by Lt. Col., Secretary of Army School, Jaipur on behalf of the Chairman. (8). The petitioner approached the Rajasthan Non Government Educational Institute, Services Tribunal, Jaipur by filling the appeal, but the appeal of petitioner was dismissed on the ground that she had approached the Tribunal at a delayed state. (9). In the written statement filed by respondents even though the facts of the writ petition are admitted but the objection is being taken that the respondent is not a `State and only a registered Society and that the petitioner was a temporary employee, therefore, she was not entitled to the benefit of maternity leave. Even though she applied for the maternity leave before proceeding on leave, but the application could not be accepted as the maternity leave is available only to the permanent employee. (10). Counsel for petitioner submits that the maternity leave is fundamental right of a lady and even the women engaged on casual basis or on master roll basis on daily wages are entitled for the benefits of maternity leave. He relies on the judgment of Apex Court in case of Municipal Corporation of Delhi vs. Female Workers (Muster Roll) and Another (1). (11). In the case of Municipal Corporation of Delhi (supra) it was held by the Honble Apex Court that the place of a woman in rural areas had been traditionally her home; but the poor illiterate woman forced by sheer poverty now have come out to seek various jobs so as to overcome the economic hardship. They also take up jobs which involve hard physical labour. The female workers who are engaged by the Corporation on muster roll have to work at the site of construction and repairing of roads. Their services have also been utilised for digging of trenches. Since they are engaged on daily wages, they, in order to earn their daily bread, work even in a advanced stage of pregnancy and also soon after delivery, unmindful of detriment to their health or to the health of the new born. Their services have also been utilised for digging of trenches. Since they are engaged on daily wages, they, in order to earn their daily bread, work even in a advanced stage of pregnancy and also soon after delivery, unmindful of detriment to their health or to the health of the new born. It is in this background and in the background of the Preamble, Articles 14 and 15(3) in Part III and Articles 38, 39(a), (b), (c), 42 and 43 in Part IV of the Constitution of India that one can determine whether the denial of maternity benefit by the petitioner was justified in law or not. (12). Article 15 provides that the State shall not discriminate again citizen on ground only of religion, race, caste, sex, place of birth of any of them. Clause (3) of Article 15 provides that nothing in this article shall prevent the state from making any special provision for woman and children. Article 39 provides as under:- ``39. CERTAIN PRINCIPLESS OF POLICY TO BE FOLLOWED BY THE STATE.- The State shall, in particular, direct its policy towards securing- (a) that the citizens, men and women equally, have the right to an adequate means of livelihood; (b) - (c) * * (d) that there is equal pay for equal work for both men and women; (e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; (f) * * * Article 42 provides as under :- ``42. PROVISION FOR JUST AND HUMANE CONDITIONS OF WORK AND MATERNITY RELIEF. - The State shall make provision for securing just and humane conditions of work and for maternity relief. Article 43 provides as under:- ``43. LIVING WAGE, ETC., FOR WORKERS.- The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or cooperative basis in rural areas. (13). (13). In the back grounds of the provisions contained in Articles, 39, 42 and 43 the claim of the petitioner of maternity benefit and the denial by respondents to such benefits is to be scrutinised so as to determine whether the denial of maternity benefits to petitioner and termination of service because of such leave is justified or not? (14). The Parliament has already enacted the Maternity Benefits Act. 1961. Sec. 5 of the Act, 1961 provides as under:- ``5. Right to payment of maternity benefit - (1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day. Explanation. - For the purpose of this sub section, the average daily wage means the average of the womans wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of the maternity, the minimum rates of wages fixed or revised under the minimum wages Act, 1948 or ten rupees, whichever is the highest. (2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery: Explanation. - For the purpose of calculating under this sub section the days on which a woman has actually worked in the establishment, the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages during the period of twelver months immediately preceding the date of her expected delivery shall be taken into account. (3) The maximum period for which any woman shall be entitled to maternity benefit shall be twelver weeks of which not more then six weeks shall precede the date of her expected delivery. * * * Section 12 of the Act, 1961 specifically prohibits the termination of service of a woman. (3) The maximum period for which any woman shall be entitled to maternity benefit shall be twelver weeks of which not more then six weeks shall precede the date of her expected delivery. * * * Section 12 of the Act, 1961 specifically prohibits the termination of service of a woman. Sec. 12 reads as under:- ``12. Dismissal during absence or pregnancy. - (1) When a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service. (2)(a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in Sec. 8, shall not have the effect of depriving her of the maternity benefit or medical bonus: Sec. 21 of the Act, 1961 provides for penalty for contravention of the Act by the employer. Sec. 21 reads as under:- ``21. Penalty for contravention of act by employer.- (1) If any employer fails to pay any amount of maternity benefit to a woman entitled under this Act or discharge or dismiss such woman during or on account of her absence from work in accordance with the provisions of this Act, he shall be punishable with imprisonment which shall not be less then three months but which may extend to one year and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees; (15). The Honble Apex Court in case of Municipal Corporation of Delhi (supra) had negativated the arguments of the Corporation that the maternity benefits are available to permanent employees only. The Apex court was of the view that the right to work as an inalienable right of all human beings and the State shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure on the basis of equality of men and women. The Apex court was of the view that the right to work as an inalienable right of all human beings and the State shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure on the basis of equality of men and women. The Apex Court has held as under:- ``In order to prevent discrimination against women on the grounds of marriage of maternity and to ensure their effective right to work, States/ parties shall take appropriate measures: (a) to prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status; (b) to introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority of social allowances; (c) to encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child care facilities; (d) to provide special protection to women during pregnancy in types of work proved to be harmful to them. (16). The direction was given by the the Honble Supreme Court that the direction issued by the Industrial Tribunal shall be complied with by the Industrial Tribunal shall be complied with by the Municipal Corporation of Delhi by approaching the State Government as also the Central Government for issuing necessary notification under the proviso to sub Sec. (1) of Sec. 2 of the Maternity Benefits Act, 1961, if it has not already been issued. In the meantime, the benefits under the Act shall be provided to the women (muster roll) employees of the Corporation who have been working with them on daily wages. (17). In the case in hand as well, the Army School is providing the maternity benefits only to its permanent employees and not to temporary employee, which action by no means can be appreciated and does amount to discrimination. (18). The contention of the respondent to the effect that maternity benefits shall be made applicable to permanent employee only and not to temporary employee, in my opinion, is not acceptable and is rejected. (18). The contention of the respondent to the effect that maternity benefits shall be made applicable to permanent employee only and not to temporary employee, in my opinion, is not acceptable and is rejected. Any action taken in this regard on account of the fact that the petitioner being temporary was not entitle to maternity leave and termination of her services straightway cannot be sustained in the eyes of law. (19). The objection has been taken by respondents that the society is not `state, therefore no writ petition was maintainable. As stated above, the respondent AWES is a registered Society registered under the Societies Registration Act for the purpose of establishing and running Army Schools at stations recommended by the commands. The school is governed under three tier command and control system. Clause 13 of the rules relates to financial management. Corpus to the schools will be provided as decided by the Board of Governors from the Welfare Funds of the Adjutant Generals Branch, Army Headquarter, Recurring expenditure and other expenses of schools will be managed by the Board of Administration and the Managing Committee of the respective schools. Clause 13 of the rules is reproduced as under:- ``Financial Management 13. Corpus to the schools will be provided as decided by the Board of Governors from the Welfare Funds of the Adjutant Generals Branch, Army Headquarter, Recurring expenditure and other expenses of schools will be manager by the Board of Administration and the Managing Committee of the respective schools. (20). The Board of Administration at Headquarters Commands are GOC-in-C, Chief of Staff and Maj. Gens. Administration. The land and building arrangement is to be made by the Ministry of Defence. As far back in the year 1980 there were 45 Army Schools and 5 Army Public Schools were established to date. In the year 1991 there were 1500 teachers to impart quality education at nominal cost to cover 35,000/- children throughout the length and breadth of the country. At present as many as 108 schools are running throughout the country. As such the society is performing the function of state in imparting the education. Even the funds are being paid by Army Headquarters as is clear in clause 13 of the Rules. The society/school is under the hands of army official by designation. At present as many as 108 schools are running throughout the country. As such the society is performing the function of state in imparting the education. Even the funds are being paid by Army Headquarters as is clear in clause 13 of the Rules. The society/school is under the hands of army official by designation. Rules have been framed wherein terms and conditions of service have laid down for teachers recruitment, retirement and scales have also been prsecribed. The retirement age is also fixed as per guidelines given by the University. As such it cannot be said that the Society is not performing the function of `State and the contention of counsel for respondent is not acceptable. (21). The opinion of the respondent to the effect the respondent Institute is not `State within the meaning of Article 12 of the Constitution of India has no merit in view of the judgment of this court in case of Ruby Joyce Charles (Smt.) vs. Air Force School & Ors. (2), wherein it was held that the registered society which is running the school falls within the expression of `other local authority as used under Article 12 of the Constitution of India. As the Air Force Authorities, who are officers of the Central Government have passed the order of removal or dismissal, it was held that the society is amenable to the writ jurisdiction. (22). The Apex Court in case of Mr. Ajay Hasia etc. vs. Khalid Mujib Sehravardi and Others (3), had laid down the test to determine in regard to registered society/corporation/company must be an instrumentality or agency of the Government, holding therein that the enquiry has to be not as to how the juristic person is born but why it has been brought into existence. The corporation may be a statutory corporation created by a statute or it may be a Government company or a company formed under the Companies Act, 1956 or it may be a society registered under the Societies Registration Act, 1860 or any other similar statute. It was held that the answer must obviously be in affirmative if we have regard to the Memorandum of Association and the Rules of the Society. The composition of the Society is dominated by the representatives appointed by the Central Government and the Government of Jammu and Kasmir, Punjab, Rajasthan and Uttar Pradesh with the approval of the Central Government. It was held that the answer must obviously be in affirmative if we have regard to the Memorandum of Association and the Rules of the Society. The composition of the Society is dominated by the representatives appointed by the Central Government and the Government of Jammu and Kasmir, Punjab, Rajasthan and Uttar Pradesh with the approval of the Central Government. The monies required for running the college are provided entirely by the Central Government and the Government of Jammu and Kasmir and even if any other monies are to be received by the Society, it can be done only with the approval of the State and the Central Governments. The Board of Governors, which is in-charge of general superintendence, direction and control of the affairs of Society and of its income and property is also largely controlled by nominees of the State and the Central Government. The case of Ajay Hasia vs. Khalid Mujib (supra) was the case in regard to admission or even in matter of public employment controlled by registered society and it was held that such society was falling under the definition of `Other Local Authority and was therefore `State under Article 12 of the Constitution of Indian. (23). In the present case as well the society is totally governed by defence officers. For the reasons mentioned above, the objection of respondent has not merit and is quashed. (24). For the reasons mentioned above, it is held that respondent falls within the definition of `state being the `other local authority. The impugned order of termination passed only because of the reason that the petitioner, who was temporary employee, had applied for maternity leave cannot be sustained in law. Any such rule made by authorities of Army School to the effect that temporary employee of Society shall not be allowed the benefit of maternity leave and only permanent employees are entitled to, is discriminatory and arbitrary and cannot be held to be valid. It is the right of lady employee to avail maternity leave as per law and any action taken against such an employee for depriving her from maternity leave and to remove her from service is not in consonance with the law laid down by the courts and is unconstitutional. The order of termination, therefore, cannot be upheld and the same is quashed. (25). The order of termination, therefore, cannot be upheld and the same is quashed. (25). For the reasons and discussions made above the writ petition is allowed with cost, which is assessed as Rs. 2000/-.