applicants contended that the disparity in employment terms - so far as
maternity benefits were concerned, was arbitrary and discriminatory against
them ... avail of maternity leave for 180 days, could
not have been applied under the circumstances.
3. Section 5(3) of the Maternity Benefit
claim in the petition was confined to the release of maternity benefits.
3. The petitioner avers that her services were continued and she was working ... made representations on 10.11.2001 and 24.12.2001 inter alia for release of maternity benefits. The RITES however did not accept the request. Hence, she has approached
entitled for the period of her maternity leave.
38. Coming, now, to Section 12 of the Maternity Benefit Act, which
was pressed into service ... session, if
extended to maternity leave, would infract Section 5 and 12 of the
Maternity Benefits Act. Section 27 would, in such circumstances, Mr.
Dubey
maternity leave only up to 11.6.2017.
The petitioner, however, contested the said position and claimed that she
was entitled to maternity benefits. Once again ... contract was valid, and she applied for
maternity leave, she had been granted maternity benefit for a period of 180
days.
6. Learned counsel further
birth and to
provide for maternity benefit and certain other benefits."
"Statement of Objects and Reasons.- Maternity protection is at
present provided under ... Adhoc)) shall be entitled for maternity leaves of 26 weeks and
miscarriage leave of 06 weeks as per Maternity Benefit Act, 1961 and
Maternity Benefit
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
Authority by the respondent
regarding her claim for grant of maternity benefits. Subsequently, an
email was also sent to the Authority on October ... dated October 31, 2017 from the
Authority, rejecting her request for maternity benefits, as there is no
provision for the grant of same
Indian Labour Conference (ILC) has
also recommended for enhancing maternity leave under
Maternity Benefit Act, 1961 . This recommendation was
reiterated in 45 and 46 Session ... duration of
maternity leave across the world, maternity cash benefits,
finance of maternity cash benefits, scope and eligibility
requirements. The survey has also been undertaken
Indian Labour Conference (ILC) has
also recommended for enhancing maternity leave under
Maternity Benefit Act, 1961 . This recommendation was
reiterated in 45 and 46 Session ... benefit: entitlement to claim benefit‟ referred to the
various pronouncements on the issue whether contractual employees are
entitled to get the benefits pertaining to maternity
maternity and compensatory,
etc. Even assuming that the contract did not provide for leaves,
Petitioner was entitled to maternity leave under the Maternity Benefits
Signature ... words "maternity leave". Even assuming
that Petitioner had not put the Respondents to notice, she would be
entitled to maternity benefits by virtue