Justice V Parthiban Rules in Favour of Just Maternity Benefit ————————————— Gist of the Order: In a major relief/boon in favour of motherhood Justice V Parthiban struck down an order to the contrary. He has ruled- So long as Article 42

oJustice V Parthiban Rules in Favour of Just Maternity Benefit
—————————————
Gist of the Order: In a major relief/boon in favour of motherhood Justice V Parthiban struck down an order to the contrary. He has ruled- So long as Article 42 of the Constitution read with the provisions of the Maternity Benefit Act, 1961, is available, every female worker covered by the Act is entitled to claim maternity benefit without any ceiling on the number of deliveries made by them. This Court was informed that recently, the Government has issued G.O.Ms.No.84, Human Resources Management (FR-III) Department, dated 23.08.2021, further enhancing the maternity leave from 9 months (270 days) to 12 months (365 days). This Court is appreciative of the State Government’s studied sensitivity towards the motherhood and its deep understanding of the importance of wholesome rearing and fostering of new born child. Maximizing the maternity benefit under the said GO is a reflection of sublime concern of the Government towards the well being of its women employees. The enhanced benefit under the said GO is protected in terms of Section 27(2) of the M.B. Act, 1961, even though, the Central Act is lagging behind on this aspect. For all the above said reasons, this Court finds that the rejection of the petitioner’s claim for grant of maternity benefits cannot be countenanced in law. Consequently, the respondents are directed to sanction maternity leave to the petitioner for the period from 11.10.2021 till 10.10.2022 as admissible.

Justice V Parthiban Rules in Favour of Just Maternity Benefit
—————————————
Gist of the Order: In a major relief/boon in favour of motherhood Justice V Parthiban struck down an order to the contrary. He has ruled- So long as Article 42 of the Constitution read with the provisions of the Maternity Benefit Act, 1961, is available, every female worker covered by the Act is entitled to claim maternity benefit without any ceiling on the number of deliveries made by them. This Court was informed that recently, the Government has issued G.O.Ms.No.84, Human Resources Management (FR-III) Department, dated 23.08.2021, further enhancing the maternity leave from 9 months (270 days) to 12 months (365 days). This Court is appreciative of the State Government’s studied sensitivity towards the motherhood and its deep understanding of the importance of wholesome rearing and fostering of new born child. Maximizing the maternity benefit under the said GO is a reflection of sublime concern of the Government towards the well being of its women employees. The enhanced benefit under the said GO is protected in terms of Section 27(2) of the M.B. Act, 1961, even though, the Central Act is lagging behind on this aspect. For all the above said reasons, this Court finds that the rejection of the petitioner’s claim for grant of maternity benefits cannot be countenanced in law. Consequently, the respondents are directed to sanction maternity leave to the petitioner for the period from 11.10.2021 till 10.10.2022 as admissible.

You may also like...