Judgment Search Results Home > Cases Phrase: maternity benefit act 1961 Sorted by: recent Court: gujarat Page 1 of about 2,092 results (0.173 seconds)

Mahila Utkarsh Trust Through Its President and Others Vs. Union of Ind ...

Court : Gujarat

..... the short question which was to be decided by this court was whether having regard to the provisions contained in maternity benefit act, 1961, women engaged on casual basis or on muster roll basis on daily wages and not only those in regular employment were eligible for maternity leave ..... kerala high court in the case of leela v/s state of kerala [supra], it appears from paragraph 19 of the judgment that the division bench was of the view that the provisions of section 66(1) (b) of the act merely recognizes a social reality and that it was calculated to ensure that women shall be able to take care of their families and that their children do not suffer ..... 6: "in the applicant's submission, differences in treatment based on sex were already unacceptable when section 25 of the general child care benefits act was enacted in 1962 ..... . the court while upholding the right of the female workers to get maternity leave relied upon the doctrine of social justice as embodied in universal declaration of human rights act, 1948 and article 11 of the convention on the elimination of all forms of discrimination against women held that the provisions of the same must be read into the ..... . state of pubjab reported in air 1961 sc 1559 dealing with a similar provision of the punjab shops and commercial establishments act, 1958, which put limitation as to hours of work of employees and ..... reported in air 1961 sc 418 in support of his contention that the restriction imposed under section 66(1)(b) of the act is not .....

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. .....

Gujarat Beedi Karkhana Owners' Association and Ors. Vs. Union of India ...

Court : Gujarat

Reported in : (1971)GLR690; (1972)ILLJ253Guj

..... . 37(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 ..... benefit of the maternity benefit ..... the maternity benefit act ..... maternity benefit ..... industrial premises, while extension of the maternity benefit act under s ..... . 27 in terms provides that for the purpose of determining wages payable to a home-worker during eaves period or for the purpose of payment of maternity benefit to a women home-worker, 'day' shall means any period during which such home-worker was employed, during a period of twenty-four hours commencing at midnight, for ..... government can exempt, subject to the conditions and restrictions laid down, any class of industrial premises from all or any of the provisions of the act or the rule, except that in the case of women employees there shall be no power to exempt from the provisions regarding the annual leave with wages, maternity benefits, creches, wages, rejection of beedi or cigar and night work ..... leave with wages, we have pointed out how the difficulty has been resolved for computing the benefit in the case of leave with wages and maternity benefits for such home-workers ..... the beedi and cigar industry regulating the terms of employment and resulting in better relations by avoidance of industry, and labour disputes in this industry, providing where necessary for the employer's liability, maternity benefits etc .....

Dharmendra Dhirajlal Soneji Vs. State of Gujarat

Court : Gujarat

Reported in : (1997)1GLR198

..... acts by the parliament such as (i) the indecent representation of women (prohibition) act, 1986, (ii) the commission of sati (prevention) act, 1987, (iii) andhra pradesh devdashis (prohibition & dedication) act, 1988, (iv) the medical termination of pregnancy act, 1971, (v) the maternity benefits act, 1988, (vi) the national commission for women act, 1990, (vii) dowry prohibition act, 1961 ..... to the abetement of suicide by married women), 113-b (presumption as to dowry-death) and 114-a (presumption as to absence of consent in certain prosecutions for rape) in the indian evidence act, (xi) immoral traffic (prevention) act, 1956 and many others, can be said to be 'be all and end all' of the matter in face of increasing crimes against girls and women which can certainly be attributed to very ..... afflicted with in-built irresistible sex-instinct, outward sex-virus and infatuation, on seeing each other in weak, unguarded moment, unable to control, get sexed and commits some indiscreet act, which of course is highly reprehensible, illegal, and undoubtedly punishable with the sentence of imprisonment, but then should this court also be oblivious to the said conspicuous circumstances and be ..... feel and firmly believe that it is high time that we, as a cultured responsible, accountable members of the society, have to think over and dynamically apply and act to do the needful to save on the one hand the honour and dignity of girls and women and on the other hand future and well being of our .....

Executive Engineer (Stores) and anr. Vs. Harsha M. Jani

Court : Gujarat

Reported in : [2007(115)FLR244]

..... the fact that she was in continuous service for four years and completed 240 days continuous service and her services were terminated by the petitioner when she reported for duty after completion of maternity leave by not permitting her to resume the duty which amounts to termination. ..... on 21.4.1987, on completion of maternity leave, she had gone for resuming duties but she was not taken on job and thereby she has been retrenched ..... he also submitted that from 21st september, 1983 to 20th march, 1984, only 120 days continuous service has been rendered by the workman and, therefore, the labour court has committed gross error in granting benefit in favour of the workman. ..... while exercising powers under article 227 of the constitution of india, this court cannot act as an appellate court. ..... analyzing the above decisions of this court, it is clear that the provisions of the evidence act in terms do not apply to the proceedings under section 10 of the industrial disputes act. ..... analyzing the above decisions of this court, it is clear that the provisions of the evidence act in terms do hot apply to the proceedings under section 10 of the industrial disputes act. ..... act, 1947 and, therefore, is void ab initio.11 ..... act, 1947 and thereafter, considered aspect of back wages, whether the workman is entitled for back wages for interim period or not ..... act, the high court rightly drew an adverse presumption for non-production of the attendance registers and the muster rolls for the years 1991 onwards ..... act, 1947 .....

Jamnagar Municipal Corporation Vs. Regional Director, E.S.i. Corporati ...

Court : Gujarat

Reported in : [2006(111)FLR290]; (2006)2GLR1391; (2006)IIILLJ980Guj

..... interest of the weaker section in the contingencies of their sickness, employment injuries and for females occasions of maternity the competent authorities under the act are empowered to decide quickely the grant of benefits to the aggrieved beneficiaries. ..... any direction issued by the corporation under section 55a on a review of any payment of dependents' benefit, or]l [***] (g) any other matter which is in dispute between a principal employer and the corporation or between a principal employer and an immediate employer or between a person and the corporation or between an employee and a principal or immediate employer, in respect of any contribution or benefit or other dues payable or recoverable under this act, 2[or any other matter required to be or which may be decided by the employees' insurance ..... as under:section 75 :- matters to be decided by employees' insurance court:(1) if any question or dispute arises as to -(a) whether any person is an employees within the meaning of this act or whether he is liable to pay the employee's contribution, or(b) the rate of wages or average daily wages of an employee for the purpose of this act, or(c) the rate of contribution payable by a principal employer in respect of any employee, or(d) the person who is or was the principal employer in respect of any employee, or(e) the right of any ..... the undersigned by this amount be not recovered from you considering you as 'deemed defaulter' under second and third schedule of income tax act, 1961. .....

Mafatlal Fine Spg. and Mfg. Co. Ltd. Vs. Ramachhar Benimadhav Mishra

Court : Gujarat

Reported in : (1997)ILLJ475Guj

..... than 240 days in a year by remaining absent from duty without leave, has been granted so as to include such period for the purposes of continuous service and thus, the benefit which stood denied to the permanent employees was taken care of in terms of the amended section 2a and now even the period of absence without leave in case of permanent ..... establishment), layoff, strike, or a lockout or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this act; (2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, ..... ' for purposes of sub-section 1 of section 4 of the act and that it was never the intention of the legislature that the expression, 'actually employed' in explanation land the expression 'actually worked' in explanation ii should have two different meanings because it wanted to extend the benefit to the employee who 'works' for a particular number of days ..... act, 1947 (14 of 1947), or under any other law applicable to the establishment; (ii) he has been on leave with full wages, earned in the previous year; (iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and (iv) in the case of a female, she has been on maternity leave; so however, that the total period of such maternity .....

Naranbhai Amthalal Panchal Vs. Ramchandra Somnath

Court : Gujarat

Reported in : (1995)1GLR354

..... thus, the firm purchased the property in the name of the appellant which is a benami transaction and in view of the provisions of benami transaction (prohibition) act (45 of 1988) such a transactions is void, and therefore, in support of his submission he has invited my attention to the decision rendered in the case of mitillesh ..... the division bench of the calcutta high court has observed that a reference in the present act clearly means the actual submission of a particular dispute under the provisions of the arbitration agreement to the ..... capacity or mala fide or interest in the subject-matter or reasonable apprehension of the bias, a named and agreed arbitrator cannot and should not be removed in exercise of a discretion vested in the court under section 5 of the act'.that was a case of removal of a named arbitrator under section 5 of the act which gives jurisdiction to the court to revoke the authority of the arbitrator. ..... pratapray harishankar rajyaguru (1988 (2) glr 986), while dealing with section 30 of the arbitration act has held that once a party either before the award is made, acquiesces to arbitration proceedings going on or acquiesces in the award after it is made, cannot challenge the binding nature ..... respondents will be deprived of the benefits of the two judgments in their ..... of the arbitrators is admittedly a maternal cousin of the respondent no. ..... 2 being the maternal cousin of the ..... 2 arbitrator is the maternal cousin of the respondent no. ..... 4 are maternal cousins. .....

Gujarat Electricity Board Vs. Hind Mazdoor Sabha

Court : Gujarat

Reported in : (1991)1GLR577; (1995)IIILLJ218Guj

..... aforesaid aspects and all other relevant aspects the tribunal in terms held that apart from the fact that no valid licence under the contract labour (regulations & abolition) act, 1970 was produced, other facts and circumstances were sufficient to lead to the conclusion that the workmen were the employees of the board.7. ..... privilege leave (e) maternity leave and other benefits to female employees. ..... holding that the workers engaged by the contractors and who are working in the thermal power station of the petitioner-board at ukai were employees of the board and were also entitled to benefits such as weekly off, sick leave, casual leave, earned leave etc.2. ..... it is further observed that if necessary the court must strain the language of the act in order to achieve the purpose which the legislature had in placing the legislation on ..... in substance it was prayed that the contract system of labour should be abolished and the workers employed by the contractors should be treated as regular employees of the board, and should be entitled to all the benefits available to regular employees of the board. ..... based its finding on the sole ground that there were no valid licences for certain period with certain contractors, issued under the provisions of the contract labour (regulations and abolition) act, 1970. ..... contended that the tribunal had no jurisdiction to consider the question of abolition of contract labour in view of the provisions of the contract labour (regulations and abolition) act, 1970. .....

Usman Rojan Vs. Employees' State Insurance Corporation

Court : Gujarat

Reported in : (1983)2GLR1472

..... thus it appears clear that a special machinery is created under the provisions of the act and rules and regulations framed there under to provide for granting benefits to employees in case of sickness, maternity and employment injury and certain other matters ..... . the object of the act is to make provision for certain benefits to employees in case of sickness, maternity and employment injury and further to make provision for certain other matters in relation ..... . in view of this position it is clear that the approach adopted by the esi court and the other lower authorities constituted under the act is fundamentally erroneous and they have committed an error in not condoning the delay in filing the appeal before the medical appeal tribunal by the appellant-injured ..... unfortunately the respondent-corporation, which is constituted under the act to safeguard the interests of employees and secure the benefits available to them, raised this technical plea ..... case the substantial justice and technical lapse are pitted against each other and the cause of substantial justice deserves to be preferred, much more so, because the respondent is a corporation established under the provisions of the act to safeguard the interests of workmen and to secure the benefits for them ..... therefore keeping the objects in mind, the esi court and the authorities constituted under the esi act should never be oblivion of the fact that they are constituted for safeguarding the interests of workmen and for securing the benefits for them .....