Judgment Search Results Home > Cases Phrase: maternity benefit act 1961 Page 1 of about 98,099 results (0.136 seconds)

N. Mohammed Mohideen and Sahana Vs. the Deputy Commissioner of Labour ...

Court : Chennai

Reported in : (2009)ILLJ177Mad; (2008)5MLJ6

..... : (1978)illj29sc dealt with the interpretation of the maternity benefit available to the daily wage workers and set the tone for interpreting the provisions of the maternity benefit act, 1961 [for short, 'm.b. ..... the allegation made by the third respondents before the appellate authority that undertakings have been taken from female workers that they will not claim any maternity benefit beyond two deliveries, is a serious allegation and if proved, the petitioners are liable for prosecution under the provisions of the m.b. ..... act reads as follows:(6) the failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this act if she is otherwise entitled to such benefit or amount and in any such case, an inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.8. ..... act is available, every female worker covered by the act is entitled to claim maternity benefits without any ceiling on the number of deliveries made by them. ..... the short question that arises in these two writ petitions is whether the third respondent in each of the writ petitions are entitled to get maternity benefit in respect of the maternity leave availed by them for delivering their third child.3. ..... act, even an unmarried female worker is entitled for the maternity benefit if she delivers a child.12. ..... act for recovering unpaid maternity benefit. .....

Municipal Corporation of Delhi Vs. Female Workers (Muster Roll) and an ...

Court : Supreme Court of India

Reported in : AIR2000SC1274; 2000(2)ALT34(SC); 84(2000)DLT450(SC); [2000(85)FLR185]; JT2000(3)SC13; (2000)ILLJ846SC; (2000)125PLR371; RLW2000(2)SC329; 2000(2)SCALE269; (2000)3SCC224; [20

..... the tribunal, by its award dated 2nd of april, 1996, allowed the claim of the female workers (muster roll) and directed the corporation to extend the benefits under the maternity benefit act, 1961 to muster roll female workers who were in the continuous service of the corporation for three years or more. ..... the corporation in their written statement, filed before the industrial tribunal, pleaded that the provisions under the maternity benefit act, 1961 or central civil services (leave) rules were not applicable to the female workers, engaged on muster roll, as they were all engaged any on daily wages. ..... next it was contended that therefore the benefits contemplated by the maternity benefit act, 1961 can be extended only to workwomen in an 'industry' and not to the muster roll women employees of the municipal corporation. ..... issued 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-section (1) of section 2 of the maternity benefit act, 1961, if it has not already been issued. ..... it consequently issued a direction to the management of the municipal corporation, delhi to extend the benefits of maternity benefit act, 1961 to such muster roll female employees who were in continuous service of the management for three years or more and who fulfilled the conditions set out in section 5 of the act.27. .....

K. Chandrika Vs. Indian Red Cross Society and anr.

Court : Delhi

Reported in : 131(2006)DLT585; 2007(3)SLJ479(Delhi)

..... issued 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-section (1) of section 2 of the maternity benefit act, 1961, if it has not already been issued. ..... the petitioner has placed reliance on section 12 of the maternity benefits act, 1961 which reads as follows:12. ..... are contained in article 11, reproduced above, have to be read into the contract of service between municipal corporation of delhi and the women employees (muster roll): and so read these employees immediately become entitled to all the benefits conceived under the maternity benefit act, 1961. ..... section 2 of the maternity benefit act, 1961 deals with the applicability of the act. ..... the parliament has already made the maternity benefit act, 1961. ..... she challenged the communication as malafide and also as vocative of the provisions of section 12 of the maternity benefits act, 1961. ..... the court in this matter was called upon to consider the availability of maternity benefits under the maternity benefits act to muster roll employees. .....

Malayalam Plantations Ltd., CochIn Vs. Inspector of Plantations Mundak ...

Court : Kerala

Reported in : AIR1975Ker86; [1975(30)FLR148]

..... appeal has been referred to a full bench as it involves a nice question relating to the scope of section 5 of the maternity benefit act, 1961 (central act). ..... understand the respective contentions urged before us it is necessary to state at the outset the scope of the various provisions of the maternity benefit act, 1961. ..... under the madras maternity benefit act, 1934, a woman worker in a factory was entitled to payment of maternity benefit at the rate of eight annas a day for the actual days of her absence during the period immediately preceding her confinement and for four weeks immediately following her ..... the maternity benefit act the employee gets the benefit with no obligation to contribute anything for the contingency that may arise on account of the inability to work during the maternity period. ..... section, if understood to mean a right to get maternity benefit for wageless holidays also, will be really in the nature of an incentive for pregnancy and child birth which is far from the intention of the legislature in enacting the maternity benefit act. ..... the mines maternity benefit act of 1941 (central act) originally contained a provision similar to the present provision ..... that act replaced the kerala maternity benefit act, 1957 from ..... kerala maternity benefit act. ..... so, we are of opinion that parliament did not intend payment of maternity benefit to a woman worker for all the days in a week provided in section 5(3) of the act irrespective of whether any day in it is a wageless holiday or .....

Mrs. Bharti Gupta Vs. Rail India Technical and Economical Services Ltd ...

Court : Delhi

Reported in : 123(2005)DLT138; 2005(84)DRJ53

..... a direction is issued to the respondent rites to calculate and release all amounts payable under the maternity benefits act, 1961 (including full salary for the maximum periods of leave permissible under the act and also the bonus amount admissible) within a period of six weeks from today. ..... she has relied upon sections 3, 4 and 5 of the maternity benefit act 1961 to say that its provisions are universally applicable and that the rites being a state agency is also bound by the directiveprinciples of state policy as also articles 14 and 15 of the constitution of india. ..... rachna srivastava, learned counsel for the petitioner submitted that the provisions of the maternity benefit act, 1961 entitled the petitioner to leave as well as maternity bonus and irrespective of the merits of the claim for reinstatement, those benefits could not be withheld. ..... in view of these admitted facts, and the circumstance that the petitioner went on leave with effect from 11.11.2000, after which she delivered a baby on 5.12.2000, the rites cannot escapse its obligation to pay benefits under the maternity benefits act, 1961.14. ..... in this view of the matter, and having regard to the fact that the petitioner is not pressing her claim for reinstatement the issue for decision is whether the respondent would have denied maternity benefits under the 1961 act.9. ..... sections 4 & 5 of the act oblige every employer of an establishmentto extend maternity benefits under the act, including leave/pay and maternity bonus. .....

Management of Kallayar Estate, Jay Shree Tea and Industries Ltd. Vs. C ...

Court : Chennai

Reported in : [1999(81)FLR639]; (1999)ILLJ180Mad; (1998)IIIMLJ315

..... ibrahim kalifulla, learned counsel appearing for the petitioner management, after taking me through the relevant provisions of the maternity benefit act, 1961 has raised the following contentions:(i) inasmuch as the maternity benefit act has treated delivery and miscarriage on the same footing, there is no justification to treat miscarriage on better terms than delivery, accordingly the order of the first respondent is liable to be set aside ..... she claimed leave wages at the rate of maternity benefit for the post miscarriage period for six weeks and leave with wages for one month under the provisions of the maternity benefit act, 1961 (hereinafter referred to as 'the act'). ..... , may 28, 1988, she has worked only for 156 days and therefore she was not entitled to payment of maternity benefit as the provision of the act stood then, ft is further stated that the provisions of the maternity benefit act clearly show that in order to claim benefit either under section 5 or under section 9 or under section 10, the pregnant woman should have worked for not less than 160 days in the 12 calendar months immediately preceding the date of her expected delivery ..... he also submitted that nowhere under the maternity benefit act it has been contemplated that qualifying period of 160 days of actual work should be calculated in the 12 months preceding the date of miscarriage.5 ..... from the factual position, it is clear from the preamble of act that the maternity benefit act is a social piece of legislation. .....

L.Kannaki Vs. the Secretary to Government and ors.

Court : Chennai

..... judgment, it has been held that the maternity benefit act, 1961, also covers the casual labourers. ..... section 5(2) of the maternity benefit act, 1961 (shortly the act), a woman employee, who has rendered service more than 80 days, is entitled to maternity leave. ..... , have to be read into the contract of service between the municipal corporation of delhi and the women employees (muster roll); and so read these employees immediately become entitled to all the benefits conceived under the maternity benefit act, 1961................. ..... act states that women employees, who have rendered more than 80 days of service, in the 12 months immediately preceding the date of her expected delivery, are entitled to maternity benefit under the act ..... 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 or social allowances; (c) to encourage the provision of the necessary supporting social services to enable parents to combine family obligations with ..... we have scanned the different provisions of the act, but we do not find anything contained in the act which entitles only regular women employees to the benefit of maternity leave and not to those who are engaged on casual basis or on .....

Tmt.K.Geetha Vs. the Director of Municipal Administration and anr.

Court : Chennai

..... according to her, the action of the second respondent is opposed to the provisions of the maternity benefit act, 1961 and also the decision of the apex court in municipal corporation of delhi v. ..... there is also prohibition under section 12 of the maternity benefit act, 1961 for dismissing an employee for absence during pregnancy. 13. ..... as per section 5(2) of the maternity benefit act, 1961, the act is applicable to women employees who have rendered service for more than 80 days preceding the date of expected delivery. ..... contained in article 11, reproduced above, have to be read into the contract of service between the municipal corporation of delhi and the women employees (muster roll), and so read these employees immediately become entitled to all the benefits conceived under the maternity benefit act, 1961. 15. ..... as rightly contended by the learned counsel for the petitioner, the action of the second respondent is opposed to provisions of the maternity benefit act, 1961. ..... furthermore, the apex court has held that maternity benefits shall be given to women employees as per article 11 of convention on the elimination of all forms of discrimination against women of the united nations on 18.12.1979. ..... we have scanned the different provisions of the act, but we do not find anything contained in the act which entitles only regular women employees to the benefit of maternity leave and not to those who are engaged on casual basis or on muster roll on daily-wage basis. 14. .....

Punjab National Bank by Chairman and anr. Vs. Astamija Dash

Court : Supreme Court of India

Reported in : AIR2008SC3182; 2008(5)CTC554; [2008(118)FLR438]; (2008)IIILLJ584SC; (2008)7MLJ490(SC); 2008(7)SCALE726; 2009(1)SLJ129(SC)

..... not oblivious of the fact that the contention as regards the applicability of the maternity benefit act, 1961 had not been raised before the high court ..... the board of directors of the bank fail to provide for grant of maternity leave and other benefits to which a woman employee would be entitled to in terms of the maternity benefit act, 1961 ..... situation an employee in certain establishments would be governed by the maternity benefit act, 1961 ..... enforced against the writ petitioner having regard to her physical position, to appear in the second examination, the provisions thereof, keeping in mind the principle underlying the statutory provisions of maternity benefit act, may not be held to be applicable ..... of miscarriage or medical termination of pregnancy, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage, or, as the case may be, her medical termination of pregnancy.43. mr ..... the right to payment of maternity benefits, she would be entitled to the benefits of sections 6 and ..... the rule in question which was applicable in dharam singh (supra) was sub-rule (3) of rule 6 of the punjab educational service (provincialised cadre) class iii rules, 1961 which was in the following terms:6(3) on the completion of the period of probation the authority competent to make appointment may confirm the member in his appointment or if his work or conduct during the period of .....

Tata Tea Ltd. Vs. Inspector of Plantations

Court : Kerala

Reported in : (1992)ILLJ603Ker

..... question arising for consideration is whether an employee entitled to the benefit of maternity benefit act, 1961 is eligible to claim the benefit under section 5(1) of the national and festival holidays act. ..... counsel for the employees, however, contended that the benefit the employees are entitled to have under the maternity benefit act shall not be denied to them on account of the fact thay they have been given the benefit under the national and festival holidays act as the benefit conferred on the employees under the maternity benefit act is distinct and different from the benefit the employee can claim under the other act, he argues. ..... right of the employer, as regards the period made mention of in section 4 of the maternity benefit act however is subjected to the restrictions imposed by sub-section (3) thereof. ..... am of the view that payments already made by the employer towards the wages under the national and festival holidays act shall not be adjusted from the maternity benefit the employees are entitled to get under the maternity benefit act.6. ..... incidental question would arise and it is this: should the workmen in the case be denied the benefit they are entitled to under the maternity benefit act because they have been given the benefit under the national and festival holidays act. ..... the position the said payment, as rightly pointed out by the counsel for the workmen, cannot be adjusted from the maternity benefit the employees are entitled to under the maternity benefit act. .....