Judgment Search Results Home > Cases Phrase: the kerala maternity benefit repeal act 1970 1 Page 1 of about 6,675 results (0.393 seconds)

Rama Pandey Vs. Union of India and Ors.

Court : Delhi

..... further, it is unnecessary to rely upon the provisions of the maternity benefit act for the purpose of grant of leave, since that act deals with actual child birth and it is mother centric. ..... there are other factors as well, which play a part in a pregnant women postponing a substantial part of her maternity leave till after delivery, such as, family circumstances (including the fact she is part of a nuclear family) or, the health of the child or, even the fact that she already has had successful deliveries; albeit without sufficient time lag between them.8. ..... this approach ignores the fact that the right to maternity leave as created in the basic conditions of employment act in the current circumstances is an entitlement not linked solely to the welfare and health of the child s mother but must of necessity be interpreted to and take into account the best interests of the child. ..... given these circumstances there is no reason why an employee in the position of the applicant should not be entitled to maternity leave and equally no reason why such maternity leave should not be for the same duration as the maternity leave to which a natural mother is entitled (emphasis is mine) 20. ..... 23.2 for the sake of completeness i must refer to the judgement of the kerala high court on somewhat similar issue in the matter of p. ..... 11.2 though the science proceeded in this direction in the late 1970, the practice of having children via surrogacy is, a more recent phenomena. .....

Shwas Homes Pvt.Ltd. Vs. State of Kerala

Court : Kerala

..... have been framed by the appropriate government, ie: the kerala maternity benefit rules, 1964, which by rule 11 provides for an appeal against the decision of the inspector under sub-section (2) of section 17 to the "competent authority". ..... in the circumstances, though an establishment covered under the act is not a factory, the appropriate government thought it fit to provide for an appeal from the orders of the inspector under the maternity benefit act to the chief inspector of ..... of 2013 ---------------------------------------------- dated this the 24th day of october, 2013 judgment the petitioner, admittedly, is an establishment covered under the maternity benefit act, 1961(for brevity, "the m.b.act"). ..... was found that the petitioner being an establishment coming under the kerala shops and commercial establishments act, 1960(for brevity, "the shops act"), the appropriate authority would be the one prescribed under the shops act; and not under the factories act.3. ..... hence, the question whether the appeal is to be filed under the shops act, does not at all arise since the second respondent is the properly constituted authority to entertain an appeal under the m.b.act, read with the rules framed by the state.7 ..... , a lawyer's notice was issued by ext.p10 when the second respondent issued ext.p11, holding that the appeal can be entertained by the second respondent only if the petitioner's establishment comes under the purview of the factories act, 1948(for brevity, "the factories act"). .....

Dr. Thomas Eapen Vs. Asst. Labour Officer and ors.

Court : Kerala

Reported in : (1993)IILLJ847Ker

..... the government of kerala have given notice of its intention of applying all the provisions of the said act to the establishments as defined in clause (8) of section 2 of the kerala shops and commercial establishments act, i960, by notification in the gazette as required by the proviso to sub-section (1) of section 2 of the said act (central act 53 of 1961).now, therefore, in exercise of the powers conferred by the proviso to sub-section (1) of section 2 of the maternity benefit act, 1961, the government of kerala with the approval of the central government hereby declares that all the provisions of the said act shall apply to the establishments as defined in clause (8) of section 2 of the kerala shops and commercial establishments act ..... it is true that the travancore-cochin shops and establishments act, 1125, was repealed and re-enacted by the kerala shops and commercial establishments act. ..... moreover, proviso to section 36 states that anything done under the repealed act which could have been done under the later act shall be deemed to have been done under the kerala shops and commercial establishments act. .....

Dr. Ankita Baidya vs.union of India & Ors

Court : Delhi

..... dubey seeks to rely on section 12 of the maternity benefit act by contending that the clause, in the memorandum dated 4th december, 2015 (supra), or, consequently, in the letter, dated 18th april, 2016 (whereby maternity leave was granted to the petitioner), permitting postponement of the examination by one session, would infract sub-section (1) thereof, as it would, vary to the disadvantage , of the petitioner, the conditions of her service . ..... , 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 or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the ..... this was followed by a more detailed representation, dated 15th may, 2018, in which, besides relying on notification dated 4th april, 2018, issued by the aiims, and the aforementioned notification dated 14th march, 2018 of the government of nct of delhi, the petitioner also placed reliance on the judgment of the high court of kerala in dr. ..... university of delhi, 2010 scc online del 2341, the high court of kerala in dr. .....

Noorul Islam Education Trust Vs. Assistant Labour Officer

Court : Kerala

Reported in : [2008(117)FLR533]; (2008)2LLJ774Ker

..... now, with effect from january 10, 1989, by j virtue of clause (b) of section 2(1), the provisions of the maternity benefit act are applicable to all the 'shops' and 'establishments' in the state of kerala as those terms are understood under the provisions of the; kerala shops and commercial establishments act, 1960, provided ten or more persons are employed in them as stipulated. ..... but, by virtue of section 2(1) of the maternity benefit act, private hospitals continued to be covered by the provisions of the said act, notwithstanding the exemption of private hospitals from the operation of the provisions of the kerala shops and commercial establishments act, 60. ..... since we do not accept the contention of the petitioner that the provisions the maternity benefit act are not applicable to private hospitals, the challenge against exhibit p-9 fails. ..... the provisions of the maternity benefit act, 1961 are applicable to all shops and establishments within the meaning of any law for the time being in force in relation to shops and establishments in a state, in which ten or more persons are employed or were employed, on any day of the preceding twelve months. ..... it is a decision wherein learned single judge of this court held that the provisions of the maternity benefit act are not applicable to private hospitals.4. ..... in view of the said exemption, it is contended that the provisions of the maternity benefit act, 1961 are also not applicable to private hospitals. .....

Balaraj Jadhav & Ors. Vs.union of India & Ors.

Court : Delhi

..... of child or miscarriage, such woman being certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as maternity benefit); (c) periodical payments to an insured person suffering from disablement as a result of an employment injury sustained as an employee under this act and certified to be eligible for such payments by an authority specified in this behalf by the to as disablement benefit); (d) periodical payments to such dependants of an insured person who dies as a result of an employment injury sustained as an ..... 33 of 38 distribution business must vest in the state or in government companies; that, they are not opposed to the policy of disinvestment but they are only challenging the manner in which the policy of disinvestment is being given effect to in respect of hpcl and bpcl; that, unless the enactments are repealed or amended appropriately, the government should be restrained from proceeding with the disinvestment resulting in hpcl and bpcl ceasing to ..... on the 30th of september 2016, this court passed orders on cm no.36319/2016 (filed on 26th september, 2016) and a similar application being cm no.36352/2016 (filed on 22nd september, 2016), modifying the interim order of status quo dated 16th february, 2016 granting liberty to the esic to proceed further in terms of the orders passed by the high court of himachal pradesh and kerala high court so far as the esic colleges at mandi, himachal pradesh and .....

Associated Electrical Agencies Vs. Commissioner for Workmen's Compensa ...

Court : Mumbai

Reported in : 1994ACJ1078; 1995(2)BomCR82; (1994)96BOMLR39; [1995(70)FLR749]; (1995)ILLJ368Bom; 1995(1)MhLj379

..... the legislature enacted the employees' state insurance act, 1948 (for short 'the esi act') to provide for certain benefits to employees in case of sickness, maternity in case of female employees, employment injury and to make provision for certain other matters in relation thereto. ..... 2, in view of the bar under section 53 of the esi act only because of the judgment of full bench of kerala high court and, consequently, the order of the commissioner cannot be sustained. ..... it is futile to suggest that the parliament was not competent to repealed the provisions of the workmen's compensation act in respect of the employees covered under the esi act. ..... reference was made to the full bench as a division bench of the kerala high court, in a judgment reported in 1985 klt 104 abad fisheries v. ..... 2 by holding that the workmen's compensation act is a beneficial and social piece of legislation and placing reliance upon a full bench decision of kerala high court. ..... we, are therefore, unable to share the view taken by the full bench of kerala high court. 10. ..... the employee carried an appeal before kerala high court and the question, which required determination, was whether the employee should be permitted to file suit in forma pauperis. ..... the discordant note was sounded by full bench decision of kerala high court reported in : (1987)iillj183ker p. .....

Vellipalayam Co-operative Milk Supply Society, Rep., by Its Special Of ...

Court : Chennai

Reported in : [2004(102)FLR1112]; (2004)IILLJ885Mad; (2004)3MLJ315

..... the subsequent act and the previous act are supplemental to each other; (2) where the two acts are in pari materia; (3) where the amendment in the previous act if not imported into the subsequent also which would render subsequent act wholly unworkable and ineffectual; (4) where the amendment of the previous act either expressly or by necessary intendment applies to the said provisions to the subsequent act. ..... act 1948, which is of social welfare legislation enacted primarily with the object of providing certain benefits to employees in case of sickness, maternity, employment and injury and also to make provisions for ..... months, and in any part of which a manufacturing process is being carried on with the aid of power or is ordinarily so carried on but does not include a mine subject to the operation of the mines act, 1952 (35 of 1952), , or a railway running shed; 'seasonal factory' means a factory which is exclusively engaged in one or more of the following manufacturing processes, namely cotton ginning, cotton or jute pressing, decortication of groundnuts, the manufacture of coffee, indigo, lac, rubber, sugar, (including gur) or tea ..... nominated four exemptions to the rule that incorporated the provisions of the previous act which have become an integral and independent part of the subsequent act are totally unaffected by any repeal or amendment in the provisions of the act. ..... the said decision has been followed and applied subsequently in the decisions in -(1) (state of kerala .....

Pathumma and ors. Vs. State of Kerala and ors.

Court : Supreme Court of India

Reported in : AIR1978SC771; (1978)2SCC1; [1978]2SCR537

..... these appeals by certificate granted by the high court of kerala involve a common question of law containing a challenge to the constitutionality of the kerala agriculturists' debt relief act, 1970 (act ii of 1970) (hereinafter referred to in short as the act). ..... the fourth test which has been laid down by this court to judge the reasonableness of a restriction is to examine the nature and extent, the purport and content of the right, nature of the evil sought to be remedied by the statute, the ratio of harm caused to the citizen and the benefit to be conferred on the person or the community for whose benefit the legislation is passed, urgency of the evil and necessity to rectify the same. ..... it is, there- fore, proposed to bring in a more comprehensive legislation on the subject repealing the existing enactment. 42. ..... or sold under the provisions of the revenue recovery act for the time being in force for the recovery of a debt due to a banking company in liquidation-(a) on or after the 1st day of november, 1956; or(b) before the 1st day of november, 1-956, but the possession of the said property has not actually passed before the 20th day of november, 1957, from the judgment-debtor to the purchaser, and the decree-holder is the purchaser, then notwithstanding anything in the limitation act, 1963, or in the cpc, 1908, or in the revenue recovery act for the time being in force .....

Gurbachan Singh and ors. Vs. State of Punjab and anr.

Court : Punjab and Haryana

Reported in : AIR1979P& H223; 1980CriLJ417

..... state of kerala (supra), relates to the constitutional validity of the kerala agriculturists debt relief act, 1970, which was held to be constitutionally valid by the supreme court. ..... reliance was placed on the following guidelines laid down by the supreme court in determining the question of reasonableness of ''restriction'': (1) that, in judging the reasonableness of the restrictions imposed by clause (5) of article 19, the court has to bear in mind the directive principles of state policy: (2) that restrictions must not be arbitrary or of an excessive nature so as to go beyond the requirement of the interest of the general public: (3) that in order to judge the quality of the reasonableness no abstract or general pattern or a fixed principle can be laid down so as to be of universal application and the same will vary from case ..... to the learned counsel for the state, enough safeguard has been provided in the impugned legislation and the right of widows, disabled persons and of institutions to have the rickshaws plied through other persons has been protected and in this manner it is a beneficial legislation enacted taking into consideration the prevailing social values and to protect social welfare of the persons who are really engaged in actually plying the rickshaws for their benefit except for the exemptions which have been specified in the act. 15. .....