Indian Kanoon - Search engine for Indian Law

Assailing the legality and correctness of the order dated 06/02/2020, passed by respondent No.2 vide Annexure - C, the Management of New Baldwin International Residential School is before this Court.

2. Heard Sri B.L. Sanjeev, learned counsel for the petitioner, Sri Roshan, learned counsel for respondent No.1 and Smt. Rashmi Rao, learned High Court Government Pleader for respondent No.2 at lis.

3. Application was filed by respondent No.1 in Form No.G seeking direction to the management to pay a sum of Rs.1,43,500/- being the maternity leave benefits salary and medical bonus along with interest at the rate of 12% p.a. from 01.05.2017 till the date of realization before the Labour Commissioner and Inspector appointed NC: 2024:KHC:33566 under Section 14 of the Maternity Benefit Act, 1961 (respondent No.1).

4. The claim of the applicant is that she was appointed in the respondent-management vide appointment order 03.04.2014 and has rendered continuous service without any breakage of service till 30.04.2017, the applicant went on maternity leave with effect from 01.05.2017, the applicant intimated and approached the management seeking to permit her to go on maternity leave for a period of 26 weeks in accordance with Section 3 of Section 5 of the Maternity Benefit Act, 1961 before she went on maternity leave. As a request of the petitioner demanding and to allow and permit her to utilize 26 weeks as maternity leave instead of permitting period of three months by the management, the applicant filed application before the respondent No.1. the management filed objections to the application inter alia contending that the applicant has not rendered continuous service in the institution, and the demand of NC: 2024:KHC:33566 the applicant seeking to utilize 26 weeks maternity leave was never demanded to the management neither the applicant informed the management about the pregnancy and she has left the institution without any intimation.

7. Per contra, learned counsel appearing for respondent No.1 contends that the applicant was taken back in service by the management on 05.01.2016 and she has worked in the year 2017 before going on maternity leave from 01.01.2017 to 30.04.2017 continuously without any discontinuation in her service of the establishment and as per the provisions of Sub- Section 2 of Section 5 of the Maternity Benefit Act, 1961,she is entitled for maternity benefit leave.

8. Having heard the learned counsel for the parties, the point that arises for consideration is :

NC: 2024:KHC:33566

10. Section 5 sub-caluse of 2 of Maternity benefits Act, reads as under:

5. Right to payment of maternity benefit. -

xxx xxx xxx (2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery."