Court : Mumbai
Reported in : (1958)IILLJ178Bom
..... , has raised the same points which had been urged on behalf of the petitioners before the payment of wages authority, and these are that the petitioner's factory is not a factory to which the provisions of the maternity benefit act apply, and that the maternity benefit payable under this act is not 'wages' within the meaning of this word given in the payment of wages act. ..... thereafter, she made an application to the authority constituted under the payment of wages act, 1936 (iv of 1936), for an order directing the petitioner to pay maternity benefit to her as provided in the central provinces maternity benefit act, 1930. ..... the petitioner contended before the authority that the petitioner's factory was not a factory within the meaning of the word 'factory' given in the maternity benefit act, and that consequently, the respondent was not entitled to any benefit under this act. ..... 4 of the maternity benefit act, the benefit is payable for (a) the actual days of absence during four weeks immediately preceding the confinement, and (b) four weeks immediately following the confinement. ..... we do not think that it is necessary to refer to these cases, because the question arising in the present case can, in our opinion, be determined by a consideration of the definition of 'wages' given in the act itself and the provisions of the maternity benefit act. ..... phadke, that the petitioner's factory is not a factory within the meaning of the maternity benefit act. .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR711; (1959)IILLJ177Bom
..... as to the first argument that the amendment of the definition of 'factory' as contained in the factories act of 1948 makes sweeping changes and indirectly lays a liability upon the applicants for the first time by amending the factories act rather than the maternity benefit act, it is only necessary to say that if the legislature clearly has the power to make an amendment and its terms are clear, it is not for the courts to speculate upon its possible ..... phadke's further contention was that the unregulated factories act was in force at the time when the factories act of 1948 was brought into force, and therefore at that time the legislature advisedly did not amend the maternity benefit act because they probably took the view that the provisions of the unregulated factories act were sufficient to deal with the case of unregulated factories under which class the applicants' factory ..... to me that it was entirely unnecessary to have amended clause 2(a) of the maternity benefit act because references to the factories act of 1934 in that clause would, without further amendment of the maternity benefit act, be construed as references to the factories act of 1948, by virtue of s. ..... maternity benefit act was soon after amended in order to bring it in conformity with the factories act of 1934, but it is of great significance that when the new factories act of 1948 was brought into force and the factories act of 1934 was repealed, no corresponding change was made in the maternity benefit act .....
Tag this Judgment!Court : Mumbai
Reported in : (1982)84BOMLR608
..... the workmen's compensation act, 1923, payment of wages act, 1936 and the maternity benefit act, 1961, the principal employer would be treated as the employer when he makes payment of wages to the security guards and the board is declared to be the employer where the board makes the payment.139. ..... the workmen's compensation act, 1923, the payment of wages act, 1936 and the maternity benefit act, 1961, alone the employer of the security guards is named, thereby indicating that for all other purposes, the registered security guard has no employer. ..... here again, the board and; the employer as defined in the said act can be looked upon as an, employer in relation to the security guards only by virtue of the notification issued under section 21 of the said act for the purposes of the maternity benefit act and not otherwise.26. ..... section 21 makes a similar provision with regard' to- the applicability of the maternity benefit act, as section 20 makes, with; reference to the applicability of. ..... may provide for all or any of the following matters, that is to say,(d) for regulating the employment of registered security guards and the terms and conditions of such employment, including the rates of wages, hours of work, maternity benefit, overtime payment, leave with wages, provision for gratuity and conditions as to weekly and other holidays and pay in respect thereof;(h) for the welfare of registered security guards covered by the scheme, in so far as satisfactory provision .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(2)BomCR311
..... therefore, she is not entitled to include these 20 days as part of her period of service.then she says that she is entitled to maternity leave by virtue of the maternity benefit act, 1961. ..... maternity leave is admissible under the maternity benefit act. ..... although we have held that she is not entitled to maternity leave or any kind of leave, we are of the opinion that in view of the circumstances which we will presently set out, the denial of registration for m.d ..... the submission that she is entitled to maternity leave under the act is unsound.6. ..... therefore, the respondent should be compelled to grant maternity leave of 20 days and hold that she has completed housemanship as required by the rules.5 ..... the denial of 20 days maternity leave and the consequent refusal to add up 20 days to the period of her housemanship is thus ..... the proviso to section 2(1) of the act enables the state government with the approval of the central government, to declare that all or any of the provisions of the act shall apply also to any other establishment or class of ..... (iv) no maternity leave is admissible while working as a ..... , she tagged on a 'leave' of 20 days from 22-12-1984 to 10th january, 1985, on the ground of maternity. ..... therefore, we hold that the act does not apply to the petitioner ..... -1063-lab-iii, dated 9th august, 1965, of the government of maharashtra merely notifies the date on which the act came into force in maharashtra. ..... the act applies to 'every establishment being a factory, mine or plantation .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(1)BomCR612; (2000)IILLJ745Bom
..... they would keep constant watch with regard to the enforcement of (i) the minimum wages act, 1948, (ii) contract labour (regulation and abolition) act, 1970, (iii) the factories act, 1948, (iv) the employees state insurance corporation act, 1948, (v) the employees provident fund and miscellaneous provisions act, 1996, (vi) inter state migrant workmen act, 1979, (vii) the maternity benefits act, 1961, (viii) industrial employment (standing orders) act, 1946 and all other labour welfare legislation. ..... in the present case it has been pointed out that employees state insurance corporation act was not at all complied with. ..... for this purpose, the superior officers would carry out inspection in various factories within their jurisdiction and find out, on spot inspectionwhether the provisions of the aforesaid acts are implemented or not. ..... the said act on the part of the employers, according to the contemner, is deliberate, intentional and willful in breach of the directions given by this court on 5-5-98. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)ALLMR536; 2000(3)BomCR461; (2000)IILLJ815Bom; 2001(2)MhLj775
..... provisions of the maternity benefit act, 1961 are made applicable to the workers ..... are dealing was directly addressing itself to a challenge as to the constitutional validity with reference to articles 19 and 31 of the constitution of india and, in order to understand that, while repelling the same, the provisions of the act when understood on the stand point of protected and unprotected workers cannot be said to be a casual observation at all. 39. ..... observations, and when the court dealing with the writ petition with regard to the constitutional challenge has not called upon to decide the extent and scope of the applicability of the act, these observations may not be said to be the decision needed on the point of applicability of the act by the division bench with regard to what is sought to be made out a category of protected workmen. 26. ..... arose for the petitioners to file these two petitions again, further efforts were made by the petitioners to make out a case that the act infact has been extended to the area and, therefore, various requirements had to be fulfilled by the petitioners. ..... to be urged before the court in criminal revision application, as a point of law, was that, once there is a central enactment holding the field, the state act should not hold the field under the provisions of article 254 of the constitution of india. ..... happened, obviously the workers will not be entitled to receive any corresponding benefit under the provisions of the said act and the scheme. .....
Tag this Judgment!Court : Mumbai
Reported in : [2001(89)FLR430]; (2001)IIILLJ223Bom
..... act), minimum wages act, 1948, maternity benefit act, 1961, payment of bonus act, 1965 and payment of gratuity act, 1972, applicable forthwith to the medical representatives. ..... by virtue of the provisions of sub-section (2) of section 6 of the sales promotion employees (conditions of service) act, 1976, the provision of industrial disputes act has been made applicable in relation to sales promotion employees (conditions of service) act, 1976 and despite the fact that the apex court in the 1 judgment cited (supra) has held that the provisions of industrial disputes act became applicable to the medical representatives depending upon their wages from march 6, 1976 to may ..... the time being, applicable to medical representatives stated as follows:'(2) the provisions of the industrial disputes act, 1947 (14 of 1947), as in force for the time being, shall apply to, or in relation to, sales promotion employees as they apply to, or in relation to, workmen within the meaning of the act and for the purposes of any proceeding under that act in relation to an industrial dispute, a sales promotion employee shall be deemed to include a sales promotion employee who has been dismissed, discharged or ..... is thus apparent and clear that by legal fiction provided under section 6(2) of the sales promotion employees (conditions of service) act, 1976 that the provision of the industrial disputes act, 1947 has been made applicable in revision to sales promotion employees and they are deemed to be workmen. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(5)BomCR884; (2006)IIILLJ441Bom; 2006(4)MhLj339
..... examine and find out whether the objects of and the provisions contained in (a) bidi and cigar workers (conditions of employment) act, 1976, (b) maternity benefits act, 1961, (c) maharashtra workmen minimum house rent allowance act, 1983 and (d) workmen's compensation act taken together, form a group of enactments and do constitute a scheme of 'special enactment' and as to whether the employees' state insurance act liable to be classified as 'general enactment'.for this analysis, this court will have to compare, analyze and find out ..... moreover by virtue of section 37(3) of the bcw act, 1966, the maternity benefits act, 1961 is made applicable to bidi establishments including home workers and as such the maternity benefit act, 1961 has to be treated as special act vis-a-vis the bidi industry.section 28 of the bcw act, 1966 provides for application of pw act, 1936 to the bidi industry.similarly section 39 of the b.c.w. ..... moreover different labour laws including the maternity benefits act, 1961, and the workmen's compensation act, 1923 also apply to the petitioner.3...the cess levied on manufactured beedis under the beedi workers welfare cess act, 1976 works out to 0.30 paise per 1000 beedis and the same is collected by the central government along with excise duty on beedis so manufactured under the provisions of central excises and salt act, 1944. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR5; 2006(6)BomCR739; [2007(112)FLR273]; (2007)ILLJ865Bom; 2006(6)MhLj377
..... maternity benefit act, 1961 (hereinafter referred to in this section as 'the said act') the state government may, by notification in the official gazette, direct that all or any of the provisions of the said act or the rules made thereunder shall apply to (registered unprotected women workers) employed in any scheduled employment to which this act applies; and for that purpose they shall be deemed to be women within the meaning of the said act; ..... if we refer to sections 18, 19 and 20 of the mathadi act of 1969 which expressly makes the provisions of the workmen's compensation act, 1923, payment of wages act, 1936 and maternity benefit act, 1961 applicable to mathadi act of 1969. ..... the imposition of fees for registration;(d) for regulating the employment of (registered unprotected workers,) and the terms and conditions of such employment, including rates of wages, hours of work, maternity benefit, overtime payment, leave with wages, provision for gratuity and conditions as to weekly and other holidays and pay in respect thereof;(d-i) for providing the time within which registered employers should ..... sufficient care of each and every class of worker including those who are doing manual work in all the factories and establishments and as the object of the mathadi act is protection of employment and extension of certain benefits to a special class of workers who, according to him, were not covered under the aforesaid enactments, this can be the only meaning which can be attributed to .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR401; 2006(6)BomCR673
..... -notwithstanding anything contained in the maternity benefit act, 1961 (53 of 1961) (hereinafter referred to in this section 'the said act'), the state government may, by notification in the official gazette, direct that all or any of the provisions of the said act and the rules made thereunder shall apply to registered women security guards employed in any factory or establishment; and for that purpose, they shall be deemed to be women within the meaning of the said act; and in relation to such women, employer ..... sections 19, 20 and 21 of the said act, certain responsibilities are cast on the principal employers under the workmen's compensation act, 1923, payment of wages act, 1936 and the maternity benefits act, 1961. ..... similarly the amendments to the welfare provisions under sections 19, 20 and 21 of the act now provide that as far as the workmen's compensation act, payment of wages act and maternity benefit act are concerned, for the private security guards engaged through the contractors the principal employer will be treated as their ..... noted that sections 19, 20 and 21 provide for the application of workmen's compensation act, payment of wages act, and maternity benefit act to security guards. ..... 633 of the law report, it is seen that the learned judge referred to sections 19, 20 and 21 of the act as they stood at that time and which imposed certain responsibilities on the principal employers under the workmen's compensation act, payment of wages act and maternity benefit act. .....
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