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1 - 7 of 7 (0.24 seconds)Section 5 in The Maternity Benefit Act, 1961 [Entire Act]
Smt. Anupam Yadav vs State Of U.P. And 2 Others on 21 October, 2022
9. In view of above, the Court finds substance in the stand taken by the learned counsel for the respondent. The only benefit the petitioner may derive from the ratio of the decision in Smt. Anupam Yadav (supra) is that the grant of maternity leave would be governed by the provisions of the Maternity Benefit Act, 1961.
Section 28 in The Maternity Benefit Act, 1961 [Entire Act]
Section 4 in The Maternity Benefit Act, 1961 [Entire Act]
Deepika Singh vs Central Administrative Tribunal on 16 August, 2022
19. From the perusal of the Preamble of the Act, Section 5 (1), third proviso to sub-section 3 of Section 5, sub-section 4 of Section 5, it is more than apparent that the Maternity Benefit can be extended even after birth of a child. It can even be extended in a case of a legal adoption of a child or less than three months. The only restriction being that the maternity leave may not be granted for entire 180 days or 26 weeks. Further, in the opinion of the Court, availability of Child Care Leave to the petitioner or grant of the same cannot dis-entitle the petitioner for grant of maternity benefit. Maternity benefit and Child Care Leave both operate in different fields and are mutually exclusive. The Apex Court in a recent case reported in AIR 2022 SC 4108 (Deepika Singh versus Central Administrative Tribunal and others) held that independent of the grant of maternity leave, a women is also entitled to the grant of Child Care Leave for taking care of her two eldest surviving children whether for rearing or for looking after any of their needs, such as education, sickness and the like. Child Care Leave can be availed of not only at the point when the child is born but at any subsequent period. Both constitute distinct entitlements. A purposive interpretation is required to be adopted. The object and intent of the grant of maternity leave would stand defeated. The grant of maternity leave is intended to facilitate the continuance of women in the work place. It is a harsh reality that but for such provisions many women would be compelled by social circumstances to give up work on the birth of the child if they are not granted leave and other facilitative measures. No employer can perceive child birth as detracting from the purpose of employment. Child birth has to be construed in the context of employment as a natural incident of life and the provisions of the Maternity Benefit Act are required to be construed in that perspective.
Section 3 in The Maternity Benefit Act, 1961 [Entire Act]
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