Judgment Search Results Home > Cases Phrase: maternity benefit act 1961 Page 5 of about 98,099 results (0.086 seconds)

Ms. Sonika Kohli and anr. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Chandigarh

Reported in : (2004)(3)SLJ54CAT

..... for certain periods prior to and after delivery.besides the provisions contained in the maternity benefit act, 1961, a specific provision for maternity leave has been made in sr 43 as contained in chapter v--special kinds of leave other than study leave--of frsr which reads as follows: (1) a female government servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of 90 days (on the recommendations of the ..... of these articles, the parliament has enacted maternity benefit act, 1961 (act no. ..... learned counsel for the respondent-administration, however, urged that the provisions of the maternity act, 1961 and rule sr 43 are not applicable to school teachers of chandigarh administration and in any case they are not attracted to the female teachers ..... 53 of 1961) with a view to regulate the employment of women in certain establishments for certain periods before and after child birth and to provide for maternity benefit and certain other benefits.sub-section (3) of section 4 makes a provision that no pregnant woman shall on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section 4, any work which is of a ..... directions were issued to the state government to grant the benefit of maternity leave to the petitioners.in the said decision it was further observed that there is hardly any distinction between an ad hoc employee .....

Dr. Kavita Yadav vs.the Secretary, Ministry of Health and Family Wel ...

Court : Delhi

..... 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. ..... having heard learned counsels and perused the record as well as the maternity benefit act, 1961, we are of the view that there is no merit in this ..... this regard, counsel for the petitioner has placed reliance on section 5 of the maternity benefit act, 1961, which reads as follows:-" 5. ..... 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 escape its obligation to pay benefits under the maternity benefits act, 1961. w.p.(c. ..... /2019 page 14 of 15 of contract, which is not the purport and purpose of the maternity benefits act, 1961. ..... time bound with an outer limit, and the same comes to an end during the period of pregnancy, or even after child birth, but during the period when the women employee would be entitled to avail of maternity benefits under the act, there would be no question of the women employee remaining actually absent , since she would not be expected to remain present post the termination of her contractual employment. ..... is in this background that the petitioner was granted the maternity benefit under the act without specifying the period for which the same was so .....

Zee News Ltd. Vs. Sonika Tiwari and Others

Court : Mumbai

..... industrial court also confirmed the finding of the labour court that, prima facie, the termination of respondent no.1 was in violation of the legal position, particularly, the maternity benefit act, 1961 and accordingly by order dated 13 february 2015, dismissed the revision application. 5. ..... view of this decision, therefore, in my opinion, both the courts below did not commit any error in recording a prima facie finding that the provisions of the maternity benefit act, 1961 and the industrial disputes act, were breached. 14. ..... this context, the provisions of maternity benefit act, 1961 need to be noticed. ..... labour court held that services of the respondent no.1 could not have been terminated in view of the provisions of the maternity benefit act, 1961, so also her termination was in violation of section 28f of the industrial disputes act. ..... relief granted by both the courts below is founded on the provisions of the maternity benefit act, 1961. ..... (b) any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this act, may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed shall be .....

Government of N.C.T. Delhi and Ors. Vs. Shweta Tripathi and Anr.

Court : Delhi

..... section 5(3) of the maternity benefit act, 1961 which requires every establishment a term which comprehends even government departments to grant maternity benefit of 12 weeks to be given to ..... with the provisions of the maternity benefit act, 1961 which mandated that every establishment or shop necessarily has to give 12 weeks maternity benefit to its employees. ..... or during the period of six weeks immediately following the date of her delivery, leaving behind in either case the child, the employer shall be liable for the maternity benefit for the entire period of six weeks immediately following the day of her delivery but if the child also dies during the said period, then for the days up to and ..... that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day: provided that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death: provided further that where a woman, having been delivered of a child dies during her delivery ..... this court is of the opinion that keeping in mind the larger public interest subserved in the grant of maternity benefit, the gnctd, as a model employer, which is bound by articles 14 and 16(1), could not have discriminated between two female employees, for the purpose of maternity benefit, on the basis that one of them is a contractual employee and thus entitled to lesser extent of pay, whereas the other, being .....

F.M. Kolia and anr. Vs. Manager, the Tiles and Pottery Works Ltd. and ...

Court : Gujarat

Reported in : (1981)22GLR528

..... senior factory inspector replied that she was not entitled to maternity leave pay inasmuch as she had attended only for 143 days and, therefore, in view of the provisions contained in section 5(2) of the maternity benefit act, 1961 she was not entitled to maternity leave pay. ..... maternity leave pay as provided by section 5(2) of the maternity benefit act, 1961. ..... that view of the matter it is undisputed that she had completed 160 days and qualified herself for benefit as provided by section 5(2) of the maternity benefit act, 1961.4. ..... applied for her maternity leave pay under the maternity benefit act, 1961. ..... question is required to be resolved by construing section 5(2) of the maternity benefit act, 1961. ..... she has actually worked in establishment of the employer from whom she claims maternity benefit for a period of not less then one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery:provided that the qualifying period of one hundred and sixty ..... these circumstances this petition is filed for obtaining the directions to get the maternity leave pay.3. ..... that during twelve months between 13-2-1976 and 13-2-1977 she should have worked at least for a period of 160 days and in as much as she worked for 143 days only, she is not entitled to the benefit. ..... the establishment remains closed 'for any other reason' contemplated by section 2(kkk) of the industrial disputes act, 1947. ..... off' is defined in section 2(kkk) of the industrial disputes act, 1947. .....

Metal Powder Co. Ltd., Tirumangalam and anr. Vs. the State of Tamil Na ...

Court : Chennai

Reported in : (1985)IILLJ376Mad

..... 37(3) of the act which provided that the provisions of the maternity benefit act, 1961, would apply to every establishment as if such establishment were an establishment to which the 1961-act had been applied by a notification under s. ..... 37(3) stated that the maternity benefit act in its application to a home worker shall apply subject to certain modifications. ..... 4 and 5 of the 1961-act dealt with prohibition of employment or of work of women prohibited during certain period and the right of payment of maternity benefit. ..... 5(2) also provided that no woman shall be entitled to maternity benefit unless she had actually worked in any establishment for a period of not less than 160 days in the twelve months immediately preceding the date of her expected delivery. ..... the supreme court found that there was no difficulty at all with regard to the working of these sections in regard to maternity benefits to women employed in an establishment. ..... the legislature has, however, for the limited purpose of the conferment of the benefits under the act allowed only interruption in service as a result of a strike which is not illegal, to be ignored for computing the period of uninterrupted service. ..... there is also in force the apprentices act, 1961, in which an apprentice is defined as a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship. s. .....

S. Amudha Vs. Chairman, Neyveli Lignite Corporation

Court : Chennai

Reported in : (1991)1MLJ137

..... in this connection, we may usefully quote section 4 of the maternity benefit act, 1961:section 4 employment of, or work by, woman prohibited during certain periods: (1) no employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery of her miscarriage. ..... this, however, appears to be purely an artificial argument because once a married woman is allowed to continue in service then under the provisions of the maternity benefit act, 1961, and the maharashtra maternity rules, 1965 (these apply to the both corporations as their head offices are at bombay) she is entitled to certain benefits including maternity leave. ..... lastly it is submitted that the maternity benefit act, 1961 itself has not thought of medical unfitness for a pregnancy of 16 weeks old and the regulation in question cannot exceed a parliamentary legislation and lay down a prescription which cannot be supported even from the medical point of ..... the appellant would also be entitled to the benefits under the maternity benefit act, 1961. ..... in the absence of such a criteria as mentioned in sub-section (3) of section 4 of the maternity benefit act, the regulation in question is clearly unreasonable.28. ..... weeks before the date of the expected delivery; (b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6.section 5 of the said act deals with the right of payment of maternity benefit. .....

K. Abdul Azeez Sahib and Sons, Four Horse Beedi Manufacturers and ors. ...

Court : Chennai

Reported in : (1973)2MLJ126

..... regularly for any prescribed period of hours in a day or even day after day for any specified period, from the very nature of the case, the provisions contained in the maternity benefit act, 1961 are unworkable with regard to such home workers, and therefore they will have no application to them.41. ..... provides for the application of the payment of wages act, 1936 to the industrial premises under the act, on section 37 which provides for the application of the industrial employment (standing orders) act, 1946 and the maternity benefit act, 1961 to the industrial premises, on section 38 which applied chapter iv and section 85 of the factories act and on section 39 which applies the provisions of the industrial disputes act, 1947 to the industrial premises. ..... (3) notwithstanding anything contained in the maternity benefit act, 1961, the provisions of that act shall apply to every establishment as if such establishment were an establishment to which that act has been applied by a notification under sub-section (1) of section 2 thereof:provided that the said act shall, in its application to a home worker, apply subject to the following modifications, namely:(a) in section 5, in the explanation to sub-section (1), the words or one rupee a day, whichever is higher' shall be omitted; ..... in so far as the said sub-section makes the provisions in the maternity benefit act, 1961 applicable to such home workers, the said provision is invalid and unconstitutional as offending the fundamental .....

Jisha P Jayan Vs. Sree Sankaracharya University

Court : Kerala

..... ; (f) declare that the state of kerala has no authority and competency to frame rules against the maternity benefit act 1961 (act 53 of 1961), a central legislation, depriving the right of women employees of the state of kerala. ..... that the provisions of rules 100 and 101 and notes thereto, part-i, to the extent of denying maternity leave benefit to contract employees is unconstitutional and ultravires to the provisions of the maternity benefit act, 1961 with retrospective effect, i.e. ..... that ext.p8 is unconstitutional and ultra vires the provisions of the maternity benefit act, 1961 (act 53 of 1961); w.a.no.824 o 2. ..... the representation, the sanction of maternity leave came to be denied and according to the appellant, it is against the provisions of maternity benefit w.a.no.824 o 4. ..... act of 1961 and the respondent-university ought not to have rejected the same while other sister universities like kerala university and m.g.university are in the practice of granting 180 days of maternity leave to the contract employees ..... absence of any notification extending the benefit of central act to the establishment in question, we fail to understand in the light of definite provisions of the ksr part i rules 100 and 101, if the appellant has not put in service beyond one year on contract basis how she is entitled to such benefit. ..... the central enactment is concerned, apparently there is no notification extending such benefit to the present respondent -university as indicated in section1(3) of the act. .....

P.Geetha Vs. The Kerala Livestock Development Board

Court : Kerala

..... now, we may examine the statutory scheme of the maternity benefit act, 1961 ('the act' for brevity), which is both literally and figuratively the parent enactment. ..... referring to sections 3(b), 5, 27 and 28 of the maternity benefit act, 1961, the learned counsel would contend that the very act does not maintain any distinction between maternity by way of natural process and by way of art. ..... the question that fell for consideration was whether the denial of benefit of maternity leave offends the provisions of the convention on the elimination of all forms of discrimination against women and also maternity benefit act. ..... the learned senior counsel has further submitted that in the face of its own regulations having statutory force, the respondent board is not bound by the provisions of the maternity benefit act.18. ..... thus, summing up her submissions, the learned counsel for the petitioner has urged this court to allow the writ petition, with a direction to the first respondent to provide all maternity benefits to the petitioner, as if she had undergone the process of pregnancy and had been delivered of a baby. ..... section 3 of the act, the lexical provision, defines "delivery" as the birth of a child, and "maternity benefit" as the payment referred to in sub-section (1) of section 5. ..... it is an act to regulate the employment of women in certain establishments for certain periods before and after the child-birth and to provide maternity benefit and certain other benefits.36. .....