The Hindu Business Line : Law does not restrict maternity benefit to female workers to 2 deliveries: HC

Chennai, Aug. 6 There was no provision in the Maternity Benefit Act, 1961 on number of deliveries made by a female worker so as to entitle them for the maternity benefits. 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 Madras High Court has held.

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]

The writ petitions were, therefore, dismissed.

More Stories on : Gender | Courts/Legal Issues | Health | Tamil Nadu

Article E-Mail :: Comment :: Syndication :: Printer Friendly Page