Legal Tip of the Day

15 Oct

Legal Tip of the Day

An employer can be prosecuted for obtaining undertaking from an employee that she will not claim maternity benefit on her third delivery

Under Maternity Benefit Act, a female employee will be entitled  to such benefits without any ceiling on number of deliveries since special care and assistance of motherhood is one of the basic rights.If an employer takes an undertaking from an employee that she will not claim maternity benefit on her third delivery, such employer can be prosecuted.

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3 Responses to “Legal Tip of the Day”

  1. Pinal Mehta November 19, 2008 at 6:26 pm #

    For your reference, Here is a abstract of a Case

    The Inspector of Labour (Women), under Maternity Benefit Act, Tirunelveli, on receipt of complaints from two female workers of a beedi factory, that they were denied maternity benefits, ordered on 31-3-1997 and 16-5-2007 payment of Rs 2,880 and Rs 2,071 as compensation.

    The petitioners (beedi factory owners) filed appeals challenging the orders of the Inspector of Labour.

    Mr. Justice K. Chandru ruled that it would be a useless formality to hear the appeals because the petitioners had no credible defence in denying maternity relief to the two respondents. The allegation made by the respondents before the appellate authority that undertakings had been taken from female workers that they would not claim any maternity benefit beyond two deliveries, was a serious one, and if proved, the petitioners were liable for prosecution under the M.B. Act read with Beedi and Cigar Act, 1966.

    There was no provision under the M.B. Act fixing any ceiling on number of deliveries made by a female worker. So long as Article 42 of the Constitution read with the M.B. Act was available, every female worker was entitled to claim maternity benefits without any ceiling on number of deliveries, the judge ruled, citing a judgment of the Supreme Court [B. Shah v Presiding Officer, Labour Court, Coimbatore [1977 (4) SCC 384]

    Regards,

    Pinal Mehta

  2. Pinal Mehta November 19, 2008 at 6:22 pm #

    Dear Suresh,

    There was no provision in the Maternity Benefit Act, 1961 on number of deliveries made by a female. As per your request, the Article 42 of the Constitution read with the M.B. Act, was available, every female worker was entitled to claim maternity benefits without any ceiling on number of deliveries

    I hope this clears your query.

    Regards,

    Pinal Mehta

  3. Suresh Ramalingam November 19, 2008 at 3:00 pm #

    Can you substantiate the said, with relevant sections or case laws (if any)

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