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Puranjay Trehan   24 June 2018

jurisdiction of civil court in cases of maternity benefits

under section 23 of the maternity benefits act, 1961, can a woman directly approach the civil court in case her employer commits an offence under the act.


Learning

 2 Replies

Pradipta Nath (Advocate)     27 June 2018

No it need to take approval from the Labour Inspector.

1 Like

V. VASUDEVAN (LEGAL COUNSEL)     27 August 2018

You can write a complaint to the Labour Inspector as provided under the Maternity Benefits - Act - please see the provisions

17. Power of Inspector to direct payments to be made. -- (1) Any woman claiming that maternity benefit or any other amount to which she is entitled under this Act and any person claiming that payment due under section 7 has been improperly withheld, may make a complaint to the inspector. (2) The Inspector may, of his own motion or on receipt of a complaint referred to in subsection (1), make an enquiry or cause an inquiry to be made and if satisfied that payment has been wrongfully withheld, may direct the payment to be made in accordance with his orders. (3) Any person aggrieved by the decision of the Inspector under sub-section (2) may, within thirty days from the date on which such decision is communicated to such person, appeal to the prescribed authority. (4) The decision of the prescribed authority where an appeal has been preferred to it under sub-section (3) or of the Inspector where no such appeal has been preferred, shall be final. (5) Any amount payable under these sections shall be recoverable as an arrear of lane revenue.


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