Maternity act

It is applicable to every shop or establishment  in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months.

Therefore, if the employees are less than 10 then "The Maternity Benefits, Act 1961" does not apply.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

India is a signatory to various international covenants and treaties. The Universal Declaration of Human Rights, adopted by the United Nations on 10-12-1948, set in motion the universal thinking that human rights are supreme and ought to be preserved at all costs. This was followed by a series of conventions. On 18-12-1979, the United Nations adopted the Convention on the Elimination of all Forms of Discrimination against Women. Article 11 of this Convention provides as under: Article 11.

The State should make provision for maternity relief to women workers as it was one of directive principles of State policy enshrined in the Constitution, the Madras High Court has held.

Madras High court has decided that even if number of employees is 6 Maternity benefit shall apply under MB Act.

Mgt   Glem   Brook   Estate,   Salem   vs    Plantation     Officer,  

    Anr. (2012 LLR 420)

The honorable HC has also relied upon honorable SC judgement "MUNICIPAL CORPORATION OF DELHI VS. FEMALE WORKERS
(MUSTER ROLL) AND ANOTHER [2000 (3) SCC 224]."

 Valuable advice of learned experts/members is sought.

The mentioned decision is by Madras High court.The honorable HC has taken reference from Supreme Court judgement.

This is an interesting discussion.

Valuable advice of learned experts/members is sought.This shall help many.