Maternity leave

the judgement provided by you are very much important for such cases

The judgements in the attachments could not be downloaded. Kindly provide the web link to these attachments.

The Act does not apply to any factory or other establishment to which the provisions of the Employees' State Insurance Act apply. {Section 2}

3. Definitions.

(o) “woman” means a woman employed, whether directly or through any agency, for

wages in any establishment.

The Supreme Court, in Municipal Corporation of Delhi v. Female workers (Muster Roll) & Anr. (2000 I C.I.R. 879) has said; "We have scanned the different provisions of the Act, but we do not find anything contained in the Act which entitles only regular woman employees to the benefit of maternity leave and not those who are engaged on casual basis or on muster roll on daily wage basis."

If any employer fails to pay any amount of maternity benefit to a woman entitled under the Act or discharges or dismisses such woman during or on account of her absence from work in accordance with the provisions of the Act, he shall be punishable with imprisonment which shall not be less than three months but which may extend to one year and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees. The Court may, however, for sufficient reasons to be recorded in writing, impose a sentence of imprisonment for a lesser term or fine only in lieu of imprisonment. (2) If any employer contravenes the provisions of the Act or the rules made thereunder, he shall, if no other penalty is elsewhere provided by or under the Act for such contravention, be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both. Where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the Court shall, in addition, recover such maternity benefit or amount as if it were a fine and pay the same to the person entitled hereto. {Section 21}

 Let the woman employee who is eligible as per provisions of the Act apply (under acknowledgment) to good offices of Appointing Authority/MD/Chairman.....along with proof of pregnancy/copy of Doctors advice mentioning expected date of delivery  for Maternity Leave and benefits described in the Act, and let the good offices of the company deny in writing.

The employee may proceed after the denial.