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Judgment Search Results Home > Cases Phrase: maternity benefit act Page 1 of about 3,290 results (0.074 seconds)

Jun 09 2008 (HC)

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

Court : Chennai

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

..... in b. shah v. presiding officer, labour court, coimbatore and ors. : (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. act']. the following passage found in paragraph 18 of the said judgment may be usefully extracted below:para 18: ...it has ..... number of deliveries made by a female worker. so long as article 42 of the constitution read with the provisions of the m.b. 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. that will be the correct interpretation which will be in tune with the ..... will be given if the marriage is not preceded delivery but whereas in the case of workers governed by the m.b. act, even an unmarried female worker is entitled for the maternity benefit if she delivers a child.12. no useful purpose will be served in remanding the matter to the first respondent even if the petitioner has to succeed in assailing ..... authority under section 6(6) of the m.b. act for recovering unpaid maternity benefit. section 6(6) 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 .....

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Mar 08 2000 (SC)

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

..... or class of establishments, industrial, commercial, agricultural or otherwise. 26. 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 ..... . 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 challenged this judgment in a writ ..... 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. we conclude our discussion by providing that the direction issued by the industrial tribunal shall be complied with by the municipal corporation of delhi by ..... , peaceably, undeterred by the fear, of being victimised for forced absence during the pre or post-natal period.31. 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. this is too stale .....

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Dec 20 1974 (HC)

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

Court : Kerala

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

..... iyer, j.1. this 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). that act replaced the kerala maternity benefit act, 1957 from 15-8-1970. the 1st respondent-inspector of plantations, mundakayam, inspected the appellant's estate on 6-5-1971 and on such inspection felt ..... 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. it is only an act to compensate the worker for the loss that she may incur on account of the disability arising out of her pregnancy and delivery. the liability is on ..... immediately following her confinement. here the emphasis is on the actual days of her absence during the period. that shows she was eligible for maternity benefit only for the working days. the mines maternity benefit act of 1941 (central act) originally contained a provision similar to the present provision in question. in 1943 that was amended and a provision was made for payment of ..... 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. this act has been made applicable to establishments in plantation as defined in plantations labour act, 1951. the act is intended to regulate the employment of women in certain establishments for certain periods before and after child birth and .....

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Apr 24 2006 (HC)

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

Court : Delhi

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

..... in 2000 lic 1033 municipal corporation of delhi v. female workers(muster roll) and anr.. the court in this matter was called upon to consider the availability of maternity benefits under the maternity benefits act to muster roll employees. upon a detailed consideration of the spirit and intendment of the statute, the court held thus:10. since article 42 specifically speaks of ..... 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. we conclude our discussion by providing that the directions issued by the industrial tribunal shall be complied with by the municipal corporation of delhi by approaching ..... , 1980 when it was sent in may, 1980 as alleged. she challenged the communication as malafide and also as vocative of the provisions of section 12 of the maternity benefits act, 1961. the workman had reiterated the stand she had taken in her claim statement on the ground that the termination of her service without assignment of reasons was arbitrary ..... 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. in the meantime, the benefits under the act shall be provided to the women (muster roll) employees of the corporation who have been working with them on daily wages.10 .....

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Jul 31 1998 (HC)

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

Court : Chennai

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

..... of actual work should be calculated in the 12 months preceding the date of 'miscarriage. apart from the factual position, it is clear from the preamble of act that the maternity benefit act is a social piece of legislation. when a question of interpretation arises, it has to be decided in favour of workman since it is the commitment for the ..... second respondent.4. mr. p. 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 ..... to july 8, 1988. against the said order of inspector of plantations valparai, the petitioner preferred an appeal to the first respondent under section 17(3) of the maternity benefit act. by order dated november 9, 1989, the first respondent dismissed the appeal and confirmed the order passed by the inspector of plantations. against the order of the first ..... petitioner - management has filed the present writ petition.2. the case of the petitioner-management is briefly stated hereunder. the petitioner is a tea plantation estate covered under the maternity benefit act. the second respondent is employed in the services of the petitioner. on may 28, 1988 she had an abortion in the estate hospital and after availing 6 weeks leave .....

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Oct 10 1958 (HC)

Radhakishan Ramnath Vs. State of Bombay

Court : Mumbai

Reported in : (1959)61BOMLR711; (1959)IILLJ177Bom

..... behalf of the applicants has raised several contentions. 3. in order to show the nature of these contentions it is necessary to state certain facts. the central provinces and berar maternity benefit act is act vi of 1930. though published in the central provinces and berar gazette extraordinary of 22 march, 1930, it was brought into force on 1 january, 1931 by a notification ..... s. 2(j) of the factories act, 1911.' 4. after the enactment of the maternity benefit act, the factories act of 1911 was replaced by the factories act of 1934 (act xxv of 1934), and in consequence of the enactment of that act s. 2 of the maternity benefit act was amended. the amendment of s. 2 was made by the central provinces maternity benefit (amendment) act, 1935, (act 22 of 1935). as amended, s ..... agreement with this view. it seems to me that there is no doubt in the present case that the definition of 'factory' contained in the factories act of 1948 must be read into the maternity benefit act of 1930. the contentions raised by mr. phadke on behalf of the applicants fail and the convictions of the applicants must be upheld. the sentences of ..... bidi factory at kamptee. both have been convicted under s. 9 of the central provinces and berar maternity benefit act, 1930, read with s. 5(3) and under rule 10 read with rule 4 of the central provinces and berar maternity benefit rules, 1930, for not paying maternity benefit to a female employee in their factory, and for failing to maintain a muster-roll of female .....

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Nov 20 2006 (HC)

Seema Gupta Vs. Guru Nanak Institute of Management

Court : Delhi

Reported in : 135(2006)DLT404

..... of the ccs rules. it is also stated that the impugned termination is vocative of articles 14 and 16 of the constitution of india, as well as provisions of the maternity benefits act.7. the college, in its return, has disclaimed any liability. it states that the petitioner could not claim to continue in its services on the basis of any entitlement, since ..... in fact a part of the directive principles of state policy. in furtherance of these constitutional provisions, rule 43 was framed; likewise the maternity benefit act was also enacted to grant relief to mothers, in recognition of the need for special treatment. 12. learned counsel also relied upon article 25 of the universal declaration of human ..... act prohibits the dismissal of a woman during or on account of her absence from work due to her pregnancy. section 21 provides for ..... empowers the state to make special provisions inter alia, for women. article 42 provides for just and humane conditions of work and maternity relief. the state is directed to make provision for securing just and humane conditions of work and for maternity relief. 19. the maternity leave benefit act was enacted to fulfill the mandate of article 42 of the constitution of india. section 12 .....

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Dec 19 2011 (HC)

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

Court : Chennai

..... 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. for the aforesaid reasons, i am of the view that the petitioner is entitled to reinstatement and the second respondent is not justified in refusing ..... give employment to her when she reported to duty after giving birth to child. 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. female workers (muster roll) and another (2000) 3 scc 224). 4. the second ..... a child on 1.4.1998. 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. 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. the ..... 1995 upto 31.12.1997. thus the petitioner rendered service for more than 80 days when she sought for maternity leave. the petitioner is entitled to maternity leave under the act for twelve weeks. there is also prohibition under section 12 of the maternity benefit act, 1961 for dismissing an employee for absence during pregnancy. 13. the apex court in the decision in municipal .....

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Feb 04 1958 (HC)

Ganpatlal Mulchandji Joshi Vs. First Civil Judge, Class I, Nagpur and ...

Court : Mumbai

Reported in : AIR1958Bom262; (1958)60BOMLR621; ILR1959Bom367

..... to pay, if the terms of the contract of employment are fulfilled. in other words, they are payments made by an employer for services rendered, under section 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. during the second period, ..... necessary for us to decide the other point, which has also been urged by mr. phadke that the petitioner's factory is not a factory within the meaning of the maternity benefit act. we have been referred to a number of cases, in which different views, which arc not easy to reconcile, have been expressed with regard to the definition of the ..... can, in our opinion, be determined by a consideration of the definition of the 'wages' given in the act itself and the provisions of the maternity benefit act. clause (b) in section 2 of the latter act defines 'benefit' to mean benefit as provided by this act. section 8 lays down that no employer shall employ a woman in any factory during the four weeks immediately following ..... 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 tins act. another objection raised by the petitioner was that the amount claimed by the respondent was not 'wages' within the definition of this term .....

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Feb 04 1958 (HC)

Ganpatlal Mulchandji Joshi Vs. Payment of Wages Authority (Civil Judge ...

Court : Mumbai

Reported in : (1958)IILLJ178Bom

..... to pay, if the terms of the contract of employment are fulfilled. in other words, they are payments made by an employer for services rendered. under s. 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. during the second period the ..... necessary for us to decide the other point, which has also been urged by mr. phadke, that the petitioner's factory is not a factory within the meaning of the maternity benefit act. we have been referred to a number of cases in which different views, which are not easy to reconcile, have been expressed with regard to the definition of the term ..... 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. clause (b) of s. 2 of the latter act defines 'benefit' to mean benefit as provided by this act. section 3 lays down that no employer shall employ a woman in any factory during the four weeks immediately following ..... 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. another objection raised by the petitioner was that the amount claimed by the respondent was not 'wages' within the definition of this term .....

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