petitioner cannot be refused paid
maternity leave. A woman cannot be discriminated,
as far as maternity benefits are concerned, only on
the ground that ... commissioning mother
cannot be refused paid maternity leave. A woman cannot
be discriminated, as far as maternity benefits are
concerned, only on the ground that
University Regulations, as she was not granted maternity leave nor provided maternity support benefits as an expectant mother and as a new mother. She claims ... other students.
4. The petitioner has a fundamental right to various maternity benefits and reliefs. The action of the University in denying the petitioner maternity
maternity leaves during the first week of
November, 2018 onwards. So kindly oblige as per
the employee maternity benefit provisions.
Medical certificates, if needed ... further prays that (1) she should be
given maternity leaves as per Maternity Benefit
Act, 1961 as amended. (2) She should be given
three months
submits that the right to maternity leave flows from a Central Statute, that is to say, the Maternity Benefit Act, 1961 , as amended by Maternity ... work" and "maternity relief", the validity of an executive or administrative action in denying maternity benefit has to be examined
entitled to get the benefit of
maternity leave. The petitioner's claim is based on
Maternity Benefit Act, 1961 and its interpretation by various ... petitioner is entitled to get
the benefit of maternity leave.
2. Section 27 of the Maternity Benefit Act was considered
India .....Petitioner
versus
Labour Commissioner-cum-Appellate Authority
under the Maternity Benefits Act, 1961 & Ors. .....Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN ... from 18.01.2020 to 29.02.2020 be treated as maternity leave as per
Section 5(3) of the Maternity Benefit Act instead of sick leave during
which
have concurrently held that the
petitioner-employer had failed to grant maternity benefits lawfully
admissible to their employee-respondent No. 1. These concurrent
orders passed ... under the Maternity Benefit Act 1961, as amended
1
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Section 12(1) and
(2)(a)(b) and (c) of the Maternity Benefit Act, 1961 , no enquiry can be
conducted in her absence on account ... cannot be passed, when the employee is
pregnant, as per the Maternity Benefit Act, the writ petitioner sought to
quash the orders marked
Section 3(h) of 1961 Act reads as under:-
(h) "maternity benefit" means the payment refereed to in sub-section (1) of section ... reads as under:-
5. Right to payment of maternity benefit.- (1) Subject to the provisions of this Act, every woman shall be entitled
Section 3(h) of 1961 Act reads as under:-
(h) "maternity benefit" means the payment refereed to in sub-section (1) of section ... reads as under:-
5. Right to payment of maternity benefit.- (1) Subject to the provisions of this Act, every woman shall be entitled