Women and Industrial Law PDF

bpter6
T
W
Industrial
ana
o11en
hould be used
Law should
as an instrument of distributive justice to
wealth among the members of society
achieve a fair division of
the principle: rom each according to his capacity, to
based upon
according to his
needs'.
each
L. Pochanna Appelwar v. State of Maharashtra!
means tthe
attainment of socio-economic objectives laid down by
Social justice
e nlanners. The jurisprudence of industrialisation has demonstratedthevital
ole of labour laws as an instrument ot social justice. Amongst laws which are
rTal to a nation's life, which manifest a nation's spirit, which bestow revolu-
ionary and progressive values to jurisprudence and lift it from conservative
to progressive strata, industrial law has acquired a place of pride. It can be
serted that it embraces not only labour and industrial matters but also social
matters affecting children, women and other oppressed sections of society.
According to the Human Development Report, 1995, women's participa-
tion in the labour force had risen only by 4 per cent points in 20 years-trom
receive a much
36 per cent in 1970 to 40 per cent in I990; women normally
lower average wage than men; all religions record a higher rate of unemploy
than men; women work for longer hours than men
in
EnE among women
of adversities
carly every country; the deeply unequal sharing of the burden
DEtween women and men is still
persisting
various studies have shown that economic dependence of women is a pre
in the structure of
inant cause of their subordination. Thus, a change
role would be
assigned a major productive
Onomy whereby women are
is the toundation on
ay to improve their status, Economic independence
C h any structure of equality for women can be built.
1.
(1985) 1 SCC 479. Wadhwan & Co., Nagpur 2000.
Kothari, A Study ofIndustrial Law (sth Edn.,in Protecting Women's Rights (2002
. Agencies
. K . Srivastava, "Role of Enforcement
15 Ci2Q.
512 Chapter 6 Women and Industrial Law Equal Remuneration Act, 1976 513
In
democratic system, the law,
a Constitution envisages that the State shall direct its
responses to new social
conditions and ideas through legislative o f the C o n s
ings, towards securing that there is equal pay for
pretation, increasingly not only articulates butas well as or
Ar
39
mongorh men and women. lo give effect this constitu-
social changes." The same role law has
played
also sete
in ou
throughudijmicialnistrsintever olic ork for h e President promulgated on 26 September 1975 the
been an
important instrument
in our course
bringing about socialntry for major qparovision n
ual Remuneration
Ordinance, 1975 so that the provisions of Article
Government regulation employment Condhange andlso
in the tion may be implemented in the year which is beine
aspect of tIonal
lowing lines: the he International Women's Year. The rdinance provides

ons is
1.
I. (a)
) Enactment ofminimum standard rds and
on theualifty, hrated eaual remuneration and
t0 men workers for the
women
dconditions for
specific regulation of empl
celebr.
f o rp a y m e
work
similar nature and tor the prevention of dis-
of a
workshops, industries,
mines and minerals, namely, faeyeng
vork
or
grounds of s
journalists, shops and commercialplantations

on the
that there will be no discrimination against
transport, wor king
kies and crimination ensures
also
blishment s,
ance
works, and agriculture. he Ordinan women and provides for the seting up of Advisory
recruitment
() Regulation and
cific industrial prescription minimum norms in
of constructuction Committees to promot
loyment opportunities for women.
matters;
labour, etc. example, wages, social pect of spe-
or .
is
one
one offthe
o t major components of service law jurisprudence
secv years. It was rightly pointed out that "while one
wages
in the
(c) Prescription of employment conditions for ity
Parity
has
evolved
over t
that a country which has just attained freedom and

groups of society; for substane which
example, children, women. mayappreciate
under foreign rule may not be able to implement the
underweaker
tain conditions, apprentices. been s o long
cer- as m e a n s of livelihood for
all citizens" or that "owner
2.
Regulation of structure orframework collective bareain of of adequate resources of the community are so distributed
ofindustrial disputes and machinery Pronis
control of
national
employment or non-employment disputes.

for
ation andaining, raising nd
b e s t to
s u b s e r v e the
common good", but if two workers are doing the
3. Under the Constitution of settlement of so

as
work, why
should they be paid ifferent wages. Surely
this does not in
our country,
machinery for settlement of industrial both the
legislature as well same
dependo n
the r e s o u r c e s available or on the sex of the worker: The
in mind the considerations disputes have, invariably, las the any
way
ofthe government
towards this issue vital to women is further
of social justice whichi the fact that though India had

ratified the Equal Remuneration
ultimate goalkeepof
complacency
all State policy. the

reflected in in 1958, it hon-
International Labour Organisation (IL0)
The peculiar Convention of the
problem faced by women in the sphere of the promise of equal pay only
in 1975 when the Equal Remuneration
quality in wages and discrimination oured the International Women's
resulting from theiremployment is i commemorate
ine promulgated to
childbearing. This problem was demarcated biological
by the legislature and led role of
Ordinance was
enactment of Acts like the to the

Year.
Benefit Act, 1961. The Equal Remuneration Act, 1976 and the 1.1
mandate in the Preamble of the Maternity
directed the State to Constitution also Scope extends
various enactments. incorporate
to
employment and
protective, beneficial and health The Act covers workers any in establishment or
cases; for exam-
important provisions provisions
Let us deal with some
law dealing with women.
in
of industrial the whole of India. The Act does not apply in certain special are aftected
and conditions of
women's employment
ple, in so far as the terms the employment of women,
1
Equal Remuneration Act, 1976 compliance with any other law regulating in connection with
by any accorded to women
treatment is
The any special which such special
Equal Remuneration Act, 1976 was or wherein
expected birth of a child,
then to theextent to
equal remuneration to men and passed to provide for the payment of the birth or
where the terms and
conditions relating
to
retire-
women workers and for treatment is given. Similarly, special
crimination, on the grounds of sex, the prevention of
dis or provisions regarding
marriage or death
are
given
ot this Act
ment and tor matters
connected
against women in the matter of
employ uCnE death,
Or
Subject to these,
the provisions
therewith will not apply. or contract
of Objects and
Reasons for passing the
or incidental
thereto. The Statement reatent, the Act the terms of any
award or agreement
effect on
follows: Equal Remuneration Act, 1976 IS a5 nave an overriding after the
commencement
of the Act.
OT Service made before or
4. W.
Friedmann, Law in a Changing Leelakrishnan (Eds.), Neuw Horizons
etal. Cochin
in P. I987) 213-18.
Kothari, A Study of IndustrialSociety (2nd Edn., Penguin Books, London 1972 S
5. G.M. Law"
Injustice and the Technology.
ofScience &
"Gender
Law (sth Edn., Wadhwan && Co.,
r , Cochin University
Nagpur 2000 (Deptt. of Law,
Ld
14 Chapter 6 Women and Industrial Law
Equa Remuneratation
It held in Act, 1976
was
Jitendra Prasad Singh v. TELco th- or women like dividing the jobs into Grade I and
515
are virtually in the nature of natural
law and that
against the article of equality, i.e. Article 14 ofdenial noples of eaqualy nixng
o W e rw a g
lower oving women in the lesser

grade, thus overriding the Grade
ConstequalWage
itutiitoyn.woulualditybe
the court added in Dharwad District PWD
the uneratlOnprovision equal
Literate ehenrov1s h Meerza° (Air India), the air hostesse
Assn. v. State of Karnataka* that the Act
provides for maDaily on. Further, a NeTheir of Air India
i
Air-Andia .
against v.
employers, contending that they
their em
neration to men and women Workers for the
nature and for the prevention of
same worl
on
or
rimination grounds of sex.
Employe s
of equal remu
work ofa
ought
a
In
case.
agan t
ey were
tant flight pursers who did more or less being dis-
the
had better service conditions, later date of same kind
CASE PILOT
1.2 Remuneration Simar non hg n order retireme:

to set at
regard rest all doubts with
Act, to violation
Section 2(g), Equal Remuneration Act, 1976 defines remune. ather a the Equal Remuneration 1976, the ment issued
c
stated that
stated ivocally
unequivocally the "ditferences in regard to
wage or salary and any additional oluments, either in neration as ePron which bloyees
employees are he
based on
able a person in respect of cash or in the b
e
categories
of
different conditions of
to
employment or work done in. otaf these
noaf these edifference of sex. This notihication was issued iin
in kind, such pay. 16, Equal Remuneration Act which
pur-
1.3 Equal work

Section 2(b), Equal Remuneration Act,
employmem SUance
e of Section
regovernment
to make a declaration subsequent to empowers the appropriof
aclose consideration
1976 dehnes such discrimination in uuneration
neratio
is based on a factor other
work ariei
respect of which skill, effort and responsibility required ncumstan thus arising is not punishable.
required of a woman are not of tical

of at work in ditferential
Supreme Courtaccepted this

T he declaration and held:
and conditions of employment". importance in
relation to thende terms
those rhan
sex.
The basic requirements of two classes are

threshold
old the absolutely different
If at the though both the classes may during the tlight work as cabin
1.4 Employer's duty oles
a n dp o l e
apart
even
become o n e class of service."

Crew, they would not
The main provisions of the Act are to be
found in Section ourt granted some infinitesimal concession to the petitioners
4 which ca
on the employer to pay equal remuneration to men and ts a duty
declaring the provision requiring termina
age and
The Suprem
work women for t retirement
or for work of a similar nature. It, inter alia, says: of

e raisin
of air hostesses pregnancy as unconstitutional. However, it
on
Duty of employer to pay equal remuneration to men and

4. tion ofservices conditions of service." At the same time the court
women und
discriminatory
ers for same work or work of a similar nature.-
(1} No employer shall Dav s oheld the "functions of the tw though obviously different overlap on
ceded that
any worker, employed by him in an ay to of degree rather than of kind"3,
difference if any is
establishment or employment, remuneration
whether payable in cash or in kind, at rates less favourable butthe
one
than those some

points,
flight pursers do almost the
and assistant
remuneration is paid by him to the workers of the opposite sex in such at whic hostesses
the air
Thus, although service of the two cadres are different because
ment or
employment for pertorming the same work work of establist came work,
the conditions of This highlighted the
established.
discrimination could not be
or a similar nature.
(2) No employer shall, for the purpose of complying with the provisions of of which sex for same or similar work" in the Equal
test of "equal pay
sub-section (1), reduce the rate of remuneration of any worker. weaknesses of the
(3) Where, in an establishment or employment, the rates of remuneration Remuneration Act, 1976. held
ble before the commencement of this Act for men and women workers for the paya- &Co. Ltd. v. Audrey D'Costa'", thecourt
same In Mackinnon Mackenzie and in ascer-
work is of same or similar
nature
work or work of a similar nature are different only on the
ground of sex, then the that in deciding whether the importance, the author-
higher (in cases where there are only two rates), or, as the case may be, the highest differences are of any practical
(in cases where there are more than two rates), of such rates shall be the rate at taining whether the This is because the very concept
view of the matter.
which remuneration shall be payable, on and from such commencement, fo such ity should take a broad These diferences should not
"differences in detail".
of similar work implies look at the duties actually
men and women workers: trivial grounds, but
the claims of equality on
Provided that nothing in this sub-section shall be deemed to entitle a worket to deteat
the revision of the rate of remuneration payable to him or her with reference to the performed and not those theoretically possible.
service rendered by him or her before the commencement of this Act 10. (1981) 4 SCC 335: 1981 ScC (L&S) 599.
The factor in cases of equal wages is the "same or similar work Ibid. Workers: Equal Remuneraton and
deciding Chadha, "Levelling
the Workplace for
Women
(Eds.), Engendering uue
and Archana Parashar
principle. However, this principle leads to adoption of indirect means 0 enty Benefits" in
Amita Dhanda
(Eastern Book Co.1999
14y's in Honour of Lotika Sarkar 1981 SCC (LASI )Y
7. 1998 SCC OnLine Pat 353:
(1998) 3 PLJR 277 -ndia Nergesh
v. Meerza, (1981) 4 SCC 335:
8. (1990) 2 SCC 396. Act, I976.
1.(1987) 2 SCC 469: 1987 SCC (L&S) 100.
9. S. 4, Equal Remuneration
Equal Remuneraration Act, 1976
The court further gave its
tions whenever sex
verdict that "there should ho refuses to
reruses
to Bive any evidence or
prevents his 517
discrimination
be done on the basis of
is
alleged". This, the co proper.
per job evalua ic)
omits
or
person
in charge
chai of the
establishment,
or
agent, servant, or
any worker, any
non-discriminatory criteria which lirected ther or
from giving
nature and extent of the demands made
by the job and looks evidence
to any intormation,
Onotdirectl to
with simple
refuses
values for or
ent
women employed
menand women on
on those jobs are
the same job. "If i
pply the d
omits
punishable
with fine which

imprisonment tor
may extend to ten
a term which
nich mav
may
paid differently, thend thardife
clearly arises". 5
the commencement
morer the
of this Act. anusand rupees or withextend
rupe
both.
to
t
n and
coiment contravention ofof then r
als discrimination
in
The court in the present case applied these criteria a n . provisions of
question of equal work
depends on various factors like makes any
payment
e same work
of
muneration at unequal rates to
remuneratOn
tlthis Act, or
effort and conditions of work. Hence, if lady heldh na fordiscrimination or work of a men
similar nature, or and wom.
and
women
ination between men
stenographers ponsibility, ny l wature, or
Worke
nen and
of the same kind as male of this Ac women workers
were working, the employer
stenographers, irrespective of thore doin, (Cmake
rion
of the
provisions in
contraven-
was obliged to pay equal remun. a carry out any direction made by the
the above criterion the court held that unless
women were ration. Applyin omr Sub-sec ub-section (5) of Section 6, appropriate Gover
do the work of male stenographers, the show
own as h fine which shall not be less
employer could not crea than ten
all be punishable
not fihtt to thousand rupees

tions of work so as to keep away women from a ate such condi
h e
shall
extend twenty thousand rupees or with

to
could otherwise pertorm, in particular

order to pay them less wages, work, not less
butwnl be Sest than three months but which nprisonment for a
extend to one term
The court pointed out that if
n they which s
offence, and with imprisonmentmaywhich may extend year or
women were at a particular ioh and
subsequent offences.
second to two
because the management wanted them here and not b, it was only r the
being required so to do,
because they years .
If any person
omits or
gister or other document or to give any refuses produce to an
do the work assigned to male stenographers, to
therefore equal woOuld nor ctor any register
be denied to them. could ot with fine whic may extend to hve hundred intormation, he shall be
nishable rupees.
1.5 Probibition of discrimination in recruitmnent
offe ffences by companies.-(1) Where an offence under
this Act has been
mmitted
ted by a company, every person who, at the time theoffence was commit-
According to Section 5 of the Equal Remuneration Act, 1976, ted, was in charge of, and was responsible to, the company, tor the conduct of the
shall, while making recruitment for the same work or work ofa no employer c of the company, as well as the company, shall be deemed to be guilry of
make any discrimination against similar no the
businesand
a shall be liable to be proceeded against and punished accordingly:
women unless employment of womennature,
isn Provided that nothing contained in this sub-section shall render any suchperson
hibited or restricted by any law. Thus, in the matter of pro-
condition of service subsequent to recruitment such as recruitment ot a liable to any punishment, it he proves that the offence was committed withouthis
or transfer, the
promotions, traininn nwledge or that he had exercised all due dilhgence to prevent the commission of
employer is prohibited from making a discrimination againe such offence.
women only on
grounds of sex. This prohibition is similar to the one con a) Notwithstanding anything contained in sub-section (t), where any offence
tained in Article 16(1) of the Constitution. under this Act has been committed by a company and it is proved that the offence
has been committed with the consent or connivanc of, or is attributable to, any
1.6 Penalties
neglect on the part of any director, manager, secretary or other officer of the com-
Section 1o, Equal Remuneration Act,
1976 prescribes penalties for omissions pany, such director, manager, secretary or other oficer shall be deemed to be
guilty of that offence and shall be liable to be proceeded against and punished
on the part of
employers or doing acts to the
contrary while Section Act, I
deals with offences by companies. The sections accordingly.
relating to penalties and Explanation.-For the purposes of this section,-
offences by companies are:
la) 'company' means any body corporate and inclades a firm or other associa-
Penalties,-(1) If after the commencement of this Act,
1o. tion of individuals; and
any employer, beng
required by or under the Act, so to do 6) director, in relation to a firm, means a partner in the hrm.
(4) omits or fails to maintain any registerl or other document in relation to
workers employed by him, or 1.7
Cognizance and trial of offences
(6) omits or fails to produce any register, muster-roll or other document relat
ing to the employment of workers, or eion 12 of the Act says that no court inferior to that of a Metropolitan
4 bletrate or a Judicial Magistrate of the First Class shall try any otence pun-
15. lbid, 477. an ottence either
take cognizance of
lt sd e r this Act. Such a court may
16. Form 'D' has been omitted
by GSR 154(E), dt. 21-2-2017 (w.e.f. 21-2-2017). own
knowledge, or on a complaint by the appropriate goven
by the person aggrieved by the offence or Mater Benefit

tion or organisation. Therefore, even a
by any reco.. special care and
tion is Act,1961 519
public interest liti welfarare insttN
o o drequires
an Rights,
hersalDeclaration of Human reflectedini Article 25(2z) of
ble in the case of failure to pay
equal remuneration to mn n is1s maintana.
1948 which says:
employer. aod and childhood are entitled to
edlock, shallspecial
d women by Motherhood.
h eUn.
of out care and

same assistance. All chil-
n or
1.8 Implementation and remedies

dren, whether b o r n
enjoy the same social protection.

of the
o f ti ILO held in
1975,
rotections more adequate emphasis
session
For the purpose of implementation of the oth was laid on

provisions of the in the
increased employment opportunities to women, ons of following spheres:the
inthe
6 o
aternity proted
r
Act to
the
shall constitute one or more Advisory Committees anna and provid I.Extension ofmate
protection to ne Categories ot
ty
All cases of contraventions of the and anr of the period statutory or women workers.
provisions of the Act int Inspecto 2. Extension
liberal provision for or

prescribed maternity
extendoPrescribed
leave.
plaints for discriminatory payment are to be heard by the Claims extra leave
ment or by such other ofhcer as it
may appoint in this approp Ocom during the child's
behalePtlate infancy.
Micher rates
of maternity benefits,
1.9 Rules Overn fective protection: against dismissal during

pregnancy and after
S. More
Pursuant to the Act, the Equal

conhnement.
Remuneration Rules, 1976 have l

Under Rule 3, the procedure for making
ncouragement of
breastfeeding and wider provision of
compla been enacted. 6. Greater
provided. As per Rule 4, a claim is required to be

made
under
the. Act has been s
breaks for mothers.
for mo ention to the safety and health of
attention toth
nursing
plaint in Form A, in triplicate. in Form adequate
and com More
nancy and lactation.
women
during preg
A thorough analysis of the various provisions of the Act and cial
security schemes or public bodies
make it clear that the employers specihed under Section I alo.
of the Ac th les 8. ies to care for infants and children of working parents. of day nurser-
an obligation to maintain
registers and other documents in relatinder
workers employed by them." Failure to maintain such in 1931, in the Karachi Resolution, the
registers or do the Way back
the need for Congress under the head
or to
produce any register, muster-roll, or other document is an offeneas recognised
providing maternity
workers and provided,° "Protection of women workers benefits
bour"
Section 1o of the Act. and to women
After analysing the Act it is clear that the Equal q u a t ep r o v i s i o n sfor leave during maternity period" specially ade
Remuneration
provides for equal pay for men and women doing the same or similarAct. I976 view the Convention ot the ILO and the fact that
Keeping in
T
there was a
also forbids discrimination on the basis of sex at the time of work need for providing maternity benefits, Article 42 of the Constitution directs
Act, however, does not apply to the unorganised sector where mostrecruitment.Th make provision for
maternity relief. In
womer
to
theState Mines Maternity Benefit Act was
pre-Independent India, in
work. The unorganised sector is that where there is no formal
or informoal
1947, the N passed. This Act was applicable
structure which gives labourers an identity for the ony those women who were working in mines. In 1948, the provision for
purposes of bargainine maternity benefit was made under the Employees' State Insurance Act and in
or decision
making against the employer or government administrations like
construction workers, domestic workers, etc. 1951 under the Plantations Labour Act. Some State legislations also provided
for maternity benefit. The scope of qualifying conditions for payment, the
2 Maternity Benefit Act, 1961 rate and period of benefit was not uniform under these Acts, theretore in 1961
International attention, on maternity protection, of the world the Maternity Benefit Act was enacted to remove these disparities and to have
community was uniform rules.
attracted when the first Maternity Protection Conference was convened in
1919 by the ILO. In this, matters relating to maternity leave, economic benehts t was rightly pointed out by the court in B. Shah v. Labour Courth (B.
during absence from work, leave for bringing up children, and non-termina Shah):
tion service immediately of the biological role of childbearing necessarily involves withdrawal
erated
of during pregnancy and after delivery were dalib Pertormance
of a woman from the workforce for some period. During this period she not only
upon
Was amended in
and a resolution was
passed. The resolution of this Conventio
1952 which increased maternity leave, economic beneits and
added some more benefits to the mothers of new-born children. The fact thar
19 Q in Neeru Chadha, "Levelling the Workplace for Women Workers: Equal
OTed
Dhanda and Archana Parashar (Eds.,
17. Form D' has been omitted by GSR F aion and Maternity Benehts" in Amita (Eastern Book Co.,
Lucknow 1999.
154(E), dt. 21-2-2017 (w.e.f. 21-2-2017 aering Law: Essays in Honour of Lotika Sarkar
18. S. 8, Equal Remuneration Act,
1976. 0 1977) 4 SCC 384: 1977 SCC (L&S) 560.
Maternity Benefi ct, 1961 521
employment of, or work by, women
cannot work for her living but needs
extra income
order to enable the woman worker to subsist during this
for her .
neriedical
Restctos hibits employment of, work by,
prohibits
or 2.2
health, the law makes a provis1on for maternity beneit
ev.
that t and to Penses Act men under cer-
ofthis
tances. It provides:
both her productive and reproductive roles

efficiently. e
ses. herIn
o preserve
ain
n circumstan
4
ction4
woman can of, or ork by, women

uo
prohibited
during certain period.
2.1 Objects and scope play Employment
employ woman in any
nowingly
s h a l l kr
a
4. employer
lowing day her delivery,establishment during the
the of
In order
to reduce the disparities relating to
maternity
No
e e k si m m e d i a t e l y
miscarriage or medical
provisions und
sination of pregnancy.
various State and Central Acts erred to vork in any

Cenabove, the establishment during the six
enacted Act called
a new
Maternity
the
Benefit Act in I96T ntral
E Governt (2)
woma
ollowingthe.day
No
of her delivery, miscarriage or medical weeks imme-
termination of
year 1972, the Act was extended to the whole of the Indian I t h e end ment d i a t e l yf o l l
of the Maternity Benefit Act, I961 is to regulate the emplovm he of the ncy.
to the
provisions of Section 6, no
obie.ct aregithout pmade by her in this behalt, be requiredpregnant woman shall,
factories,
in mines, circus industry, plantations,
and r est
employing 1o or more persons, except the employees who are ablishmen
shops ment of women uest b soecified in sub-section (4) any work
by her employer to do
of an ardo
nts perio involves
on a h ewhich lveslonglong hours of or whichin
which standing rduous
in
s
wav
covered under
or
the Employees' State Insurance Act, I948 (ESI Act, 1948) or the normald d. any any way is likely to
nature velopment
before and after childbirth, and provides

for maternity and
her pregnancy ad us or is
likely to
n other periode fere with or otherwise
to
ely affect her health.
Act is applicable to women employees
employed in
miscarrlage
establishmentes.The use
her to in sub-section (3) hall be-
not covered by the ESIAct, I948, as also to CThe Ped of one month
women employees, em are immediately preceding the period
establishments covered by the ESI Act, 48, but who are out employed in date of her expected delivery;
of i co (a)
before
the
the
because of wage-limit. Under the Maternity Benefit Act, Coveage during the said period of six weeks for which the
pregnant
employees are entitled to maternity benefit at the rate of average1961, women any perioo
does not avail of leave of absence under Section 6.2
b)
daily
woman
for the period of their actual absence up to I2 weeks due to

deliverv.I wage
of illness arising due to pregnancy, etc., they are entitled to additional ass
risions oft
provisions
of this section, a pregnant woman has been given protec-
Underthe p r o t e c t her health
as well as to avoid
any interference which
to
with wages for a period of one month. They are also entitled to order
si detrimental to the sound development of the unborn child.3
maternity benefit in case of miscarriage. The
Maternity Benefit Act also mal1akes
certain other provisions to safeguard the interest ot
pregnant women workers
nayDe he noted that even on a request a
trom
pregnant woman, she shall
above nature, i.e. which is likely to cause inter.
It applies to every establishment wherein persons are given any work of the
employed for the exhibi. or
the normal development of foetus, or likely to
tion of equestrian, acrobatic and other performances. The State
Governmen ferencewith her pregnancy, to adversely affect her health
cause her miscarriage otherWise
or
have been empowered to extend all or any of the provisions of this Act to
anv have been provided for sound development of
Thus, effective safeguards of health of
other establishment or class of establishments,
industries-commercial, agri. the maintenance the mother.
cultural or otherwise, with the approval of the Central Government by giving the child and
not less than two months' notice of its intention of so
doing.21 benefit 2.3
repealed the Mines Maternity Benefit Act, 1941
It and the Bombay Right to payment of maternity shall be entitled to, and
in mines with of this Act, every woman
Maternity Benefit Act, This
1929. Act
brought
was into force Subject to the provisions the payment of maternity benefit at the rate
effect from November 1973. In regard to establishments other than mines, her employer shall be liable for,
of her actual absence, that is to say,
all the State Governments or Union territories except Himachal Pradesh, of the average daily wage for the period of her
preceding the day of her delivery, the actual day
Jammu and Kashmir, Nagaland, Uttar Pradesh and Delhi have adopted the the period immediately
that day."
Central Act after repealing their State Acts. delivery and any period immediately following shall be entitled to maternity
which
Some of the important provisions of this Act are being given here briefly
The maximum period for which any
woman
not more than 8

weeks shall precede the
Section 2 of the Act contains definitions of certain terms and expressions used shall be 26 weeks of
beneht to the condition
that the max
in the various provisions of the Act, such as child, delivery, employer, estab of her expected delivery. This is subject
date more
having two or
lishment, factory, mine, plantation, wages, etc. unum period entitled to maternity benefit by a woman
.S. 44), Maternity Benefit Act, I961.

21. Proviso VG.Goswami,
4. S.
Labour and Industrial Laws (1993) 153.
to S. 2(1), Maternity Benefit Act, 1961. 5, Maternity Benefit Act, 1961.
ternity Benefit Act,
that) where
where a woman dies durin ct, 1961 523
than two surviving children shall be further
12
weeks of which ded
fuhle only for the days up to and includin.od, the
vided
the mate
weeks shall precede the date of her ch the
A woman expected
delivery25 not Phalbeso
beneht
sha//
Provided. also that where
a
woman,imhaving been
bee del day of her.
means
employed, whether directl.. more than
woman of a death.
a livery or during folired
fiod
agency, for wages in any establishment.26 an 6 is
entitled nild, dies
be liable for the benefit, leaving
i n gh e r she
thro any all De

l i a b l e t n i t y
"Wages" for the purpose for which
benehtbehind in either
of this
Act means all
remunerarin
ery,
child,ild also dies
dies maternity
childalso
ble in cash to a woman, it the terms of the contract
dehver
during the said period, for that
the
implied, were fulfilled and includes such cash emnlopaid o pay
of a s et i
it
riodbutthe
the of the
date
death of the
o child] for the enti
days up too and
allowances nt,exa perioo a
allowance and house rent allowance) as
tled to; incentive bonus;
and the money
a
lconcessin
woman is for
ithe.
ncludingexpress
dearnesso question
g whether Sundays :
dered
to be
counted in
e
in B. Shahs calculating
the amount
and other articles. However, value Supreme
ot the benehtwas of
food-grains the term Deing ene maternm eek" signihes a cycle seven days
h e
Court held that the

any bonus other than incentive bonus; overtime
"wapech does not incude "PO
ek" s1r fo the entire period ot the
actual
including Sundays.
Mater
earnings and any ce, i.e. forAternity
absence,
made
be
a y s , which may be
or payment made on account of erm
hnes; any contribution

the employer to any pension fund or Daid deductin i nis
keaeht
to
c l u d i n g S u n days,
wageless all the
holidays faling
provident fund or for the or PayableCtionhu days
inch
for thehe termittent periods of six within that
woman under any law for the time and not
andnoithin
only
that period. Again the word days thereby
the termination of service.27
being in force;: dy benefit of the weriod,
aWs fal ing of time and recurrence of the "period" emn excluding
runn that the woman worker gets forcycle of sevennphasises the
Sundays
continuous r u n n i r
For the purpose of maternity on days. These

benent the
average of the woman's wages payable to her:average daily wage. the said
peri
eriod not only
for the means the computltationshe wages but also benefits for andays and
worked during the period of three calendar months days on which rest
days.
date from which she absents herself on account of immediately Drechas f payment
Continuance of payment of maternity benefit in certain cases
maternity. th ng the
-A, Aaternity Benefit Act, 1961, every woman
rate of wage fixed or revised under the
whichever the highest.
is
Ainimum Wages Act, 1948, ornimum Section
entitled
LA
or 1o,
s the
paymen of maternity benefit under this Act shall, notwithstanding the toappli-
No woman shall be entitled to the Employees' State Insurance Act, 1948 to the factory
maternity benefit unless she has
worked in an establishment of the employer, from cation o f a
employed, continue to be so entitled untilother
or
whom she actually shment in
which she is
benefit, for a period of not less than 8o days the 12 claims mato aternity becomes qualihed to claim maternity benefit under Section _o of that Act.she
CStabl
in
preceding the date of her expected delivery. The qualifyingmonths immediatol
aforesaid shall not apply to a woman who has period of 8o davs
migrated into the State of Payment of
maternity benefit in certain cases 2.5
Assam and was pregnant at the time of the
For the purpose of
migration. Section 5-B, Maternity Beneht Act, 1961, it has been provided:
calculating the days on which a Und
worked in the establishment, the days for which she has woman has actuallv s-B. Payment of maternity benefit in certain cases.-Every woman
been laid-off or was la) who is employed in a factory or other establishment to which the provisions
on holidays declared under
any law for the time being in force to be
days with wages, during the period of 12 months immediately holi. of the Employees' State Insurance Act, 1948 (34 of 1948), apply;
date of her expected delivery, shall be taken into preceding the b) whose wages (excluding remuneration tor overtime work) for a month
account.2" Sub-section (3)of exceed the amount specified in sub-clause (b) of clause (9) of Section 2 of
Section 5, Maternity Benefit Act, 1961 states:
that Act; and
5. Right to payment of maternity ) who fulfils the conditions specified in sub-section (2) of Sections
benefit.[(3) The maximum period for
which any woman shall be entitled to
maternity benefit shall be °[twenty-six shall be entitled to the payment of maternity benefit under this Act.
weeks of which not more than
eight weeks] shall precede the date of her expected 2.6
delivery:) Notice of claim for maternity benefit and payment thereof
S[Provided that the maximum period entitled to maternity benefit by a Section 6, Maternity Benefit Act, 1961 provides:
having two or more than two surviving children shall be twelve weeks ofwoman
which
not more than six weeks shall precede the date of her expected delivery;| 6. Notice of claim for maternity benefit and payment thereof-T) Any
the
Woman employed in an establishment and entitled to maternity benefit under
25. S. 5(3), ibid. 26. S. 3(o), ibid. 27. S. 3(), ibid.
28. S.R. Myneni, Women and Law J. Ins. by Act 6 of 2017, S. 3(A)i) (w.e.f. I-4-2017)
(2002) 44. , Subs. for "Provided that" by Act 6 of 2017, S. 3(A}ii) (w.e.t. I-4-2017
29. Subs. by Act 61 0f 1988 (w.e.f.
10-1-1989). 30. Ibid. (w.e.t. I-42017
31. Subs. for "twelve weeks of which
not more than six weeks" by Act 6 of 2017, .
Jt O r "Provided further that" by Act 6 of 2017,S. 3(A)}(v)
(w.e.f. I-4-2017). B. Shah v. Labour Court, (1977) 4 SCC 384: 1977 SCC (LXS) So0.
uty
y Benetit
it Act, 1961 525
Law powers Central
Govern to revise
Women and Industrial
Chapter 6
gave
524
urth
Further,
m
it
time to ro time subject

to a maximum
&
20,000. medi
notice in writing in such form
provisions of this Act may give
a. .bonus
from
that her maternity benefit and any e

may be presc LpaveformIscarrige
to her employer, stating
she may be entitled

under this Act may be paid to her or suckmount cibed,
to such person asto which
Act, in
his Act,
miscarriage or med ical termination of
case of 2.9
duction of such proot
al
and that she will not work in any as she may

nominate in the notice atC
which she receives maternity benefit. establishment per
Section
wom
shall, on pro
h
as
may be
wages at the rate of maternity benefit prescribed,
period for
(2) In the case of
a woman who 1s pregnant,
work,
such notice shall .
not being a date earlie
state the date pregnanc% medicalY
Asper eave with
t following the day

oles
of her
tor a
miscarriage or, period of
the
be absent from
than as
weeks from
which she will six
be
weeksmmed
entitied
to
termination of pregnancy. case

cas
the date of her expected
delivery. í al
when she was tom Estate Jayshree lea and
woman who has not given the notice was Industries Ltd. v. Chief
(3) Any
as possible after
the delivery. pregnant may gve 't
her
Kallayar
tations36
that leave
for miscarriage can be claimed even
such notice as s o o n if
be,
employer shall permit such for 160 days

in the
of the notice, the d not worked period of 12 months
anay
(4) On receipt to ah
hae
establishment during the period for which she recn

worker
herself from the nspee f miscarriage.
ofi
nity beneht. 1ater- woman d a t e
period precedino tthe

the
()The amount of maternity beneht for the ate of her

he
ceding
tubectomy operation
shall be paid in advance by the emplover toth for
tube
2.10
expected delivery onpro wages
hat in case of a tubector
duction of such proof as may be prescrided
that
the woman is pregnan
gnant, and the Leave
w i h
th Act provides b e C t o m
operation,
the subsequent period
shall be paid hby the employer t
- A o f t his
is
duction ot
such may be
proof as may nr a
amount due for

of such proof as may be pres
the woman
i c c t i o n9 - A
hal, on prod
within forty-eight hours production
of å that he benefit for a period of two weeks
maternit
child. da. of her tubectomy operation.

woman has been delivered of a with
the
failure to give notice under this section shall not disentitle . o leave following
(6) The wom to

other amount under this Act if she is otheruian inmediately
maternity benefit or any nt etc.

or amount and in any such case
an Inspector may either af Led
ising out of pregnancy, 2.11
to such benefit
made to him by the woman, order the Davmenwn for illness
leae
forill
motion or on an application such Act provides

that a woman suffering trom illness rising
benefit or amount within
such period as may be specified in the order. Section
ofthis
1o o f
pregnancy, delivery, premature. rth of child, miscarriage, medical ter-
make it clear that any woman who is ititled or tubectomy operation shall. on production of such
The aforementioned provisions to receive the benefit. Howey
mination
of pregnancy
o t pregnan
ntitled, in addition to the period of absence

to maternity benefit
has to give notice in order wever, be
prescribed
under the provisions of this Act, she da

does as may
u n d e r :Section 6,
or, as the case may be, under Section , to
if she fails to give notice as required beneht roof
proo
her
disentitled to maternity but, in such a case, she has to
allowed to at therate
maternity beneft for a maximum period of one
of
not become
tor the purpose. The Inspector is author. with wages
make an application to the Inspector leave
of maternity beneht or any other amount
ised to pass orders for the payment
month.
or he may pass orders of his own

2.12
on such application,
to which she is entitled Nursing b r e a k s
woman delivered of a child
who returns
motion. of this Act, every
Section I I interval for rest allowedto
Under in addition to the
delivery shall,
2.7 Payment of maternity benefit
in case of death of a woman
toduty after suchin the c o u r s e of her daily work, two breaks of themonths.
prescribed
entitled to of
Section 7 of this Act that if a woman, her, be allowed, child attains the age 5
It has been provided under before receiving the child until the
other amount under this Act,
dies duration for nursing
maternity benefit or any her nominee as indicated
2.13
it shall be paid to absence or pregnancy
such maternity benefit or amount,
in the notice given by her under Section 6 of the Act; and in case
there is no Probibition of dismissal during provides:
her legal representative. Benefit Act, 1961,
such nominee, it shall be paid to Section 12, Maternity
pregnancy.-(t)
When a woman absents her-
absence or
shall be unlawtul
Dismissal during this Act, it
12. with the provisions of
2.8 Payment ofmedical bonus STtrom
work in accordance
her during or on
account of such absence
woman entitled to maternity benet under discharge or dismiss the notice will expre
Under Section 8 of this Act, every a day that
Or employer to
medical bons her dismissal on such
receive from her employer a g I v e notice of discharge
or
this Act shall also be entitled
to
confinement and post-natal care
is provided by the
of pre-natal
I000, if no 2008 raised the
Benefit (Amendment) Act,
employer free charge. Maternity
of Act from 7250 %. 1998 Lab IC
under the Maternity Benefit 3394 (Mad).
amount of medical bonus payable
during such absence, or to

vary to her to give
Maternity Benefit
service. disadvantage anv he employ kormation Act, 1961 527
ayments maderegarding
ny of
the
o
(2) (a) The

equire
employe
discharge to them the names
women
nancy, if the woman but

or dismissal
for such discharge
of a
woman at anv conditions of To e S of
received
from them under
this Act. and: and
to
maternity benefit or
effect of depriving her of the
bonus referred dismissal
medical
to in
or
W durine x pregher
adaces
o rn o t i c e .
opies o
copies
off any regist and records
r
notices
applications
Section ave
maternityis benefit medical bor8, all been been entitled To
take
or
any
Provided that where the dismissal tor any
or
not
thereot.
portion
employer may, by order in writing prescribed or have the tor payments to be made
to direct
maternity beneht medical bonuscommunicated to the o f
Inspecto
Section 17 of chis Act, an Inspector can

or
(b) Any woman
both.or
woman, deprive uct, Pouer
o
deprived her ofofhethe womandirect certain payment to

of
maternity is Act. 2.17
discharged dismissed during
with the
or or on
benefit medical
account of |her absence
or
fromonus, or both, woamount to which Any

to a a
o t h e she is
entitledclaiming that maternity
ance
provisions of this Act, may, within sixty
order of such deprivation days fro
any
p ment due under Section under thi

theork
that
in acO or 7, has been
or
discharge or dismissal is communicat henent
int
o E l a i n to the Or any im
date on Inspector. mproperly with-
clainming
to such authority
may be prescribed, and
as
the hich w
eld, maym a k e
motion on Sub-section
appeal, whether the woman should should notdecision (2)
person
of that o his own

ay, of provides
or
made and, itreceipt ot
complaint, makethatan
may,
or a
or medical bonus both, be deprived thority ona Inspector
1se an enquir to be
or
discharged dismissed shall be fnalnity benef
or satished that
direct the
engquiryo rc a u s e
or
Such
made inpayment has been
he
.ifi satisfied payment

(c) Nothing contained in this sub-section shall affect eneht
fully ithheld, ma
to be
in sub-section (1). the provis.ar Inspector,
that any accordance with
ntaimed ers.
The
ccount of her absencewoman
or on
has been
trom work in discharged or
2.14 No deduction of wages dismissed
durine Act.
during
Act, may pass such orders as

o f this accordance with
are just
Under Section 13 of this Act, no deduction of the case.
the circumstances of
provisions and proper accord-
from the normal he the Ci
wages of a woman entitled to and neul ( ) of the Act, any person aggrieved by the
Act shall be made by reasons maternity beneht under the
provisions
Under S e c t
the
prescribedwhauthority.
appeal t o
ty. The anneSion
decision of an
only of I) the nature of work may
appeal shall be
by virtue of the provisions contained in Section assigned tothis haspector from the date
within 30 days
the decision of the
on
pre
pre
413) concerning prohihitiohe decision of the appellate Inspector is
ferred withi
to such person. The

of assignment of work of arduous
allowed to her under the provisionsnature,
or 2) breaks
for nursing
the chil.
communicated
nd where appeal againsttthe decision of the

no authority shall
of Section II. hild Inspector is made,
the Inspector shall be final. Under Section 17s) of the Act,
behinal;
the
tecision of
2.15 Appointment of Inspectors navable in pursuance of the decision of the Inspector of the
any amount payab or
ppellate authority under ction 17 shall be recoverable as an arrear of land
Section I4 of this Act provides that the
fication in the Official Gazette, appropriate government may, by noti.
appoint such offhicers as it thinks fit to be
revenue.
lnder Section 20, every employer shall prepare and maintain such tegis-
Inspectors for the purposes of this Act and may define the local limits of the records and muster-rolls in such manner as may be prescribed which can
jurisdiction within which they shall exercise their functions under this Act, the Inspector.
be inspected by
2.16 Powvers and duties of Inspectors
As per Section 16 of this Act, every Inspector
Forfeiture of maternity benefit 2.18
appointed under this Act shall As per Section 18 of the Act,
if a woman works in any orher establishment,
be deemed to be a public servant within the her employer to absent herself under the pro-
meaning of Section 21 IPC. after she has been permitted by
For the implementation of the provisions of the Act, the during such authorised absence, she shall
Inspectors under visions of Section 6, for any period
Section 15 have the following powers: forfeit her claim to the maternity benefit for such period.
I. To enter at all reasonable times any premises or place where women are 2.19
employed or work is given to them in an establishment for the purposes Penalties and punishments to be imposed
under Section 21 2.19.1
Penalty for contravention of the Act by employer
of examining any registers, records and notices required to be kept or
exhibited and may require their production. kction 21, Maternity Benefit Act, 1961 states:
2. To examine any person employed in the establishment. However, no
tails
(t) If any employer
of Act by employer.-entitled
person shall be compelled to answer any question or give any evidence 2 Fenalty for contravention
woman
under this
or Act
to of maternity benefit to a
tending to incriminate himself. any amount
Maternity Benefit Act,
discharges dismisses such
or Government to give directions 1961 529
work in accordance with the woman during
or on Central
account of l Government may
provisions of this
all beherpunish Cate Government regardinggivethesuch
ncr absenmce from
imprisonment which shall not be less than three Act, he shal
months but
abse of 25, direction aas it may
2.21.2
one year and with fine which shall not be carT
a
to
less than two
mavle necessary
Under this Actand the State ying into executio
overnment shall comply
may extend to five thousand rupees. housand ex th provisIons o ft
tion
Provided the court may, for end to
upees but which deem with such
a sentence of
sufhcient reasons to be
recordee directions.
the
imprisonment for a
lesser term or fine only in lien of
(2) If any employer
contravenes the provisions of this A writing,
mprisonPose
Pouert oexenmpt.
establishments
thereunder, he shall, it no other that if the

for such contravention, be punishable with
penalty
is elsewhere provided h or the
rules ment, down appropriate government is satisfied
providingthat hav- 2.21.3
ablishment or a class of establishments,
Section26lays
year, or with fine which may extend to fhve imprisonment which under rh2de made
nis
Provided that where the
thousand rupees. or
xtend grano rd to hich are not lessnotifica
t tb e n e f i t s favourablethan those the
contravention
is of in
ingrega.
any provision by do, it may,

benefit or regard1ng payment of any
other amount and such m g mater: reoaOt: :otDSo and
to
restrictions, if an
asald
Gazets Act
ncialhectte, exem
amount has not already been inecech conditions
as
may
recovered, or class of e.
benefrtnity
the court esry,
maternity benefit or amount as if it were a hne and shall, in addisy establishment
dition recover such

pay the same to cubiecn., the
t h i e o f
opere
entitled thereto.
the pers aio the pr t s
of madethe operation
give better benehts thereunder. The
the
e orovisions of thethan those which are available

intended
p r o u D e n e f i t s
are
the
2.19.2 Penalty for obstructing Inspector under Section 22 provisions
women
under
Maternity Benefit Act, 1961.
orking
The following acts shall be punishable
to one year, or with fine which
with imprisonment which inconsistet with this Act
ws and agreements
may extend to five thousand may

both: rinaCxtend Efeet
of.
has it that the provisions of

been provided 2.22
ction 27, this Act shall
I. Failure to produce on demand by the DDufect notwithstanding
anything inconsistent therewith contained in any
Inspector
kept in custody of the person concerned any register or docu
law or
of any award,
in the terms agreement or contract of service,
in
pursuance of cument this Act or sk before or after the coming into force of this Act.
whether made i
rules made thereunder. the under any
if under any such awara, agreement or contract of
2.
Concealing or
preventing any person from appearing before
Owever,
Howev led to more favourabie benefhts than those
service or
examined by an
Inspector.
or hadeing pro-
u n d e r this
Act, she shall continue to be entitled to the more favoura-
ided
2.20 Cognizance of offences under Section 23 of the Act ble benefits
in respect of that. matter, notwithstanding that she is entitled to
benefits in respect of other
under the provisions of this Act.
matters
Section 23 provides: eceive
nan may enter into an agreement with her empBoyer whereby more
a b l e rights or privileges in respect ot any matter may be granted to her
Cognizance of offences.-(1) Any aggrieved woman, an
23.
a trade union registered under the Trade Unions office-bearer of by this Act.
such woman is a member or a voluntary
Act, 1926 (16 of r926) of which than those provided
organisation registered under the
Registration Act, 186o (21 of 1860) or an Inspector, may file a complaint Societies rules 2.23
the commission of an offence under this Act in regarding Power to make
any court of competent jurisdiction
and no such complaint shall be filed after the
expiry of one year from the date on lnder Section 28 of this Act, the subject to the
appropriate governmentmay,
and by notihcation in the Ofhcial Gazette,
which the offence is alleged to have been committed. conditions previous publication
of
make rules for carrying out the purposes of this Act. Every rule
(2) No court inferior to that of a Metropolitan made by the
first class shall try any offence under this Act. Magistrate
or a Magistrate of the
under this Act shall be approved by both the Houses of
Central Government
Parliament.
2.21 Miscellaneous provisions of the Act In exercise of powers conferred under this section, the Central
Government
The law
2.21.1 Protection of action taken in good faith has made the Maternity Benefit (Mines and Circus) Rules, 1963.
health and well-being of the
Section 24 lays down that any suit,
ot
maternity benefit was enacted to ensure the
prosecution or other legal proceeding shall to a
wOTkIng mother and her child. It was meant to provide support rolesWoman
not lie against any
person for anything which is in good faith done or intended wOrker to enable her to play her productive and reproductive
and to
to be done in
pursuance of this Act or any rule or order made thereunder. of the biological role she is
OVe any discrimination faced by her because to have backhred
r e d to play. The good intentions of the legislators seem
530 Chapter 6 Women and Industrial Law nployees' State
nsurance Act,
Ac 1948 531
rt orderingher reinstatement rected
sinceemployers retuse to employ married women pregnaney The co
in the
those declaracolumns form,nsura.
maternity benefit. In some cases "marriage" itself delete
found thewhich requred

er to facts. The ourt
self is her private
a
avoid porat
disqualification,payiywhiayinlge
in others "pregnancy" acts as albar to jonisclose
furniired
employment. Not "embarrassing it not hu
ne
ers but sometimes even gOvernment

departments Woma
ro be
Scheme
Benefit nishing of
lating
are Private.
te emplo a National
Maternity
odifed andA nev
derogatory practices. fornal
Yojna was introduced, The
The Supreme Court in Bombay Labour Union v.
Intey
rators ot such aled
J a n a n iS u r a k s aksha
some States did not fvided fe
(P) Ltd.3, C.B. Muthamma v. Union of
The
however
c:. I such
Such
funds to
People's Union for
e
India's, and
CASE PILOT
such practices are unconstitutional.
only confined to employment opportunities
The
requirement of hdgsFranch
Air
helahises
p ec
r e n tt u n d
scdeC Aame other

hlighted in Liberties v. Union of
Central Government the
India". i) to
ensure
the fullest.
not
which ottered to unmarried women or wida
but also v har This
that
purposesS, 2) to make
the scheme is not and
such
courses are
ds to t The.
nenent ers who amendments

gven against the conceptx CASE PILOT
brances, held in Maya Devi v.
as was
State of Maharashtrad0 without enc na
ensurenning
t h a r
and
to
mothers who have marIed
despite being below theof
encum-
familyplanninga n d
women or women with children were excluded.

In Air Indias', a service regulation of the Air marrie process on issues such as
India n o h i b i t e da g e .
legislative
required air hostesses to retire on pregnancy was challenced

Court found this provision to be most arbitrary and
Corporation
challenged. The Supwhith
i se v i d e n t ,
mere
desired results because new ways

have
maternity beneht do
resnltednovated tod
also
unreasonahl. upreme these
proeions. These
provisions. These provisions
Ts
eithen
There is no reason why pregnancy should

in the
stand
way of her
ruled: t
p l o ym a r r i e d
omen or
of
dismissing them on pre
toOn
pregnancy. Continuous
tion these laws
laws to
ontiHostess
nuance thine provide a protective
s
service. By making pregnancy a bar to continuance iin
service of an Air) lot o f
cae
umbrella
Corporation [has adopted an unreasonable] individu: help
in a
might
physical capaciry to continue [to work) even after pregnancy women
(The Supreme Court further held:] There is neither any leeale I n s u r a n c e Act, 1948
State
afterauthorng
ity for this bald proposition. Having taken the AH in service and anlovees'
Employees' State Act, 1948 Is to provide for cer-
utilised her services for four years to terminate her service by the Mana of the
niovees in case ot ickness, maternity and
and
she becomes pregnant amounts to compelling the poor [air hostess e n t if The
benefits
to
employees
provisions other mar

fo certain Other matters ike funeral
employment
e
any children and thus interteres with and diverts the ordinary course a v e rain to
make bene6.. expenses
and eneft, mnedical medical benefht and disablement benehit. The main object
nature. [It seems to us that| the termination of the services of an lair hostesean benefit,
such circumstances is not only a

callous and eruel under
act but an open insultto ln4
d e p e n d a n t s evolve a scheme ot socio-economic weltare, making elaborate
A c t is
womanhood-the most sacrosanct and cherished institution. [We are of
the of it. This Act extends to the whole of India."
uined n
respect
in the first instance, to all tactoriesiincluding facto-

to observe that)such a course of action is extremely detestable and abhotrent provisions
ViSsions ofthis Act apply,
other than seasonal factories. The Centra
the notions of civilised society. Apartatfrom
a being grossly unethical, it smacks o the government
to
the cost the Employees' State Insurance Corporation
utter selfishness of all and
human values. Suchapra. belonging
a deep-rooted sense of ries consultation witl
in
vision is [thereforel
not only manifestly unreasonable arbitrary but contains ment,
Government
with the approval of the Central Government, may
the quality of unfairness and exhibits naked despotism and is [therefore] clearly
orthe State provisions of the Act or any of them to any other estab»
violative of Article 14. end different
extena
establishments-industrnal, commercial, agricultural or
of
The decision of the Supreme Court forced the Air India Corporation to delete lichment or class such extension ot the provisions, the appropriate gov
for any
otherwise. But months' notice.
this rule. to give six
ernment has
Another case highlighting discriminatory rules came to light in Neera
3.1
CASE PILOT
Mathur v. LIC", Here a lady was discharged from service during her proba Benefits given
under the Act
of the most important social
tionary period, inter alia, on the ground that at the time of her appointment State Insurance Act, 1948, one
she had in the declaration form furnished incorrect information with regard The Employees' various benefits in dif-
has been enacted to provide for
of her egislations in India, workers get sickness
to the date of her last menstruation period in order to suppress the fact As this Act, insured women
terent contingencies.
per beneit and funeral
dependants' benefit, medical
37. AIR 1966 SC 942. benehit, disablement benefit, In addition to the
above benehits,
38. (1979) 4 SCC 260: 1979 SCC (L&S) 366. with insured men workers.
SCC (L&S) 599. Cxpenses along maternity benefht.
39. Air-India v. Nergesh Meerza, (1981) 4 SCC 335: 1981 Insured women workers also get
40. (1986) 1 SLR 743 (Bom).
SCC (L&S) 599.
41. Air-India v. Nergesh Meerza, (1981) 4 SCC 335: 1981 43. (2009) 16 SCC 149.
42. (1992) I SCC 286: 1992 SCC (L&S) 259.
Employees' State
viving child, and sometimes it
Insurance Act, 1948
The Act states: 533
may
46. Benefits.-(1)
In aall such contingencies, an
ind thnire. In expire. happen
sured that both
6) periodical payments to an insured woman
mother
ernity benefit.
woman is enti-
nd
in case b i la
d n
carriage or sickness arising out of of

pregnancy, confinemnnement.
domatern
of child or
miscarriage, such lateruniy
hed
to 6enefit
its
woman being certified to Ptematu
is. ESI Act, 1948, the quali
payments by an authority ecified in this behalf ES[
of 3.3
after referred to as maternity benefit).44 by the so,
the conditions subject
an
insured woman to
regulations ch
Section
maternity
enefit,
thereof shall be or
to which such benefht
Maternity benefits when payable
herein lnder and
De
The Central Goverr

such as
may be may
made the prescribed
3.2 tne
ral
rates
Governmen
The maternity benefit is payable for he

gehe
i v eC
n ,e n t r a l
e Insurance (Gen al) Regulations, 1950 in xercise of Emplo

mployees
powers conferred
I. confinement; Act.
slations are related to the maternity benefit

ESI
State.
im9p7o,r t a n t r e g u l a t i c
by
Sectio
2. miscarriage; Section
A ired vorking woman. provided to
. sickness arising out of pregnancy, confhnement,
or miscarriage; and premature hir of child h ei n s u r e
ate Insurance (Genen

Employees"S t a t eI n s u s Regulations, 1950
4. death.
3.4
aotice of pregnancy).-Under this regulation, an
insured
ho decides to give notice ot pregnancy before coninement, shall
3.2.1 Confinement
1745 the appropriate Branch
"Confinement" has been defined under woman,
in
Form
office by post or oth-
this section, confinement means labour
Section 2(3)
of this Act.
Accordi. g i vs
eu c h
notice
submit, together with such notice, a certihcate
ot pregna
resulting in the issue
of a livina. ding to nd shall
and Sna in accordance with
in with these regulations
accordance
on a date not earlier
or labour after 26 weeks of
pregnancy resulting in the issue of a child wher Corm 1747 given
inForm r
before date on which such notice is given.
alive or dead. ner days
seven
88 (claim for maternity benefit commencing before confine-
than
Regulation,
3.2.2 Miscarriage ment)-According

. to Regu on 88 of the ESI (General) Regulations, 1950,
According to Section 2(14-B), ESI Act, 1948, miscarriage means the expulsion insured
claimin
woman maternity beneht before conhnement shal
of the contents of a pregnant uterus at any period prior to or every appropriate
Branc office by post or otherwise the following:
the
week of pregnancy, but does not include any miscarriage the
during the 2hth submitt o
causing of which of expected onfinement in Form 18 given in accordance
A certificate
is punishable under the IPC. I.
not earlier than 15 days before the expected date
with these regulations,
of confinement.
3.2.3
Sickness arising out of pregnancy, confinement, premature birth of A claim for maternity
beneht in form 19 stating therein the date on
child or miscarriage will cease to workfor remuneration.

which she ceased or
The ESI Scheme provides special protection to working women in industrial of the date on which her confinement takes place,a
Within 3o days with these
establishments to which the provisions of this Act apply for maintenance conhnement in Form 18 given in accordance
certifhcate of
of their health and that of their newly-born child. Sickness arising out of regulations.
pregnancy, confinement, premature birth of child or miscarriage entites an benefit only after confmement or for
insured woman, in addition to maternity benefit payable to her under any pro 3.Regulation 89 (claim for maternity insured woman claiming mater
miscarriage).--Under this regulation, every
visions of this Act, for all days on which she does not work for remuneration, of the date of the miscarriage,
beneht for miscarriage within 30 days shall
to maternity benefit at the rates specified. Aary benefñit after conhinement
insured w o m a n claiming maternity
and every by post or otherwise
a claim for maternity
UDmit to the appropriate office
3.2.4 Death
Sometimes it so happens that an insured woman dies during her confinement, I200
N-TI/Ia/2/2003-P&D.dt.1-10-2004(w.e.
or during the period of six weeks immediately following her confinement tor 405. torForm 19" by Noti. No. No. N-11l13/2/ho03-P8CD. dt. W 1-10-1004
5 . for "Local office" by

Noti.
which she is entitled to maternity benefit. It may happen that she may
expire
-1-1005)
.Subs. N-11/13/ah2003-P&D.
dt.
(wei.11-200 1-10-2004
20" by Noti. No.

rOrm
44. S. 46(b), Employees' State Insurance Act, 1948.
mployees' State Insurar
benefitin Form 195, on any day during the period for Act, 1948
together with a certificate of confine
in Form 18 given in accordance with potktorrenmuner for her which maternity ben- 535
her
working for
these
regulationsnement or misca remuneration.
to
payable
uldbe
tion 92 (date of payment of maternity benefit).
Regulation 89-A (claim for
4.
insured woman leaving behind the maternity benefit aftes
child).-As per Re
8.Regulation
ation 9henefit shall be payable from the
thatmaternity date it is Regulation 92
purposes of the proviso sub-section (2) of Section so of e death
to does not precede tne expected date
uch date
of confs pro laimed,
nominated the deceased insured
by woman in Form 89-A,
I orin t , the the
ses
Mdea
than 42 da S
that
and that
leave
l
work undertaken
no work is
period.
Le
undertaken by an insured by confinement
may be specified by the
Director General in this her woman for
behalf. r if Other erson muneration
during
nominee, her legal representative shall submit to the

appro ther
is nos Form as more n
(disqualification for maternity

or otherwise a claim for
maternity beneht, as may be due. in E.
30 days of the death of the insured woman orm 2030 within
post
ation
a3
9ured woman might be disqualifiedbenefifort).-Accordingr
Form 211 together with

given in accordance with these regulations. a
death
ulatioe fails, without good cause, to attend
if S when so required; and such disqualifica
hicate in may be decided by the shall be for
5. Regulation 89-B (claim for maternity benefit in
medical ot
days
authority authorised by the
ing of pregnancy, confinement, premature birth case of s i l
out numbers behalf. However,a woman may retuse
to be
riage).-Under this regulation, of childss arig. Such
than a
female doctor or midwife examined
ned b
by
insured woman
miscar Ders
lauthority
which may issue
I. every claiming maternity benefit in certificate required under any of the certificate).-Under
case 10. Regu
arising out of pregnancy, confnement, premature birth of ness Regulations 87

carriage, shall submit to the appropriate offic childd or gulation 94issued except by the Insurance Medical Officer to
claim for benefit in Form 9 appropriate to the

by post otherw mis or Rshall
woman has or had been allotted, or by an Insurance Me che
case together with the

appropriate medical
circumstances of insured
dispensary, hospital, clinic or other institution to
which the
certificate in Form hed to a
allotted;
as the case may be,
given accordance with these
in r 853 orr was
is o and such Insurance Medical Officer shall
regulations,
woman
the provisions of Regulations 55 to 61I and 64 Sured in his opinion the condition ot the woman so justifes, or
insured
shall, so far as mav her, and, if

h of the insured woman or the death of the child is satisf
apply in relation to a claim submitted and a De,
certificate given in accord
examine
with this regulation inthe death, issue to such insured woman or, in case of her death, to her
ance as they apply to certiication and claims aboutsuch o
those regulations. under legal representative, as the case may be, free of charge any such
nominee or
required by such insured woman or her nominee
Regulation 9o (other evidence, in lieu of a certificate).--Under this tee.
6. when reasonablythe case
may be, under or for the purposes of the
certihcat
sentative, as
represen
ulation, the Corporation may accept any other evidence in lieu of a certificate or legal
other e n a c t m e n t or these regulations.
Act any
of pregnancy, expected confinement, confinement, death during maternity or
Regulation 94 provides:
miscarriage, sickness or out of arising pregnancy, it, in its opinion, the cir- certihcate under this regulation to an insured
cumstances of any particular case so justify. L. Such Officermay issue a
not allotted to him or to the dispensary to which
woman who is or was
7. Regulation 91 (notice of work for remuneration).-According to officer is attached, if such othcer
is attending the woman for
such
Regulation 91, except as provided in Regulation 89-B, every insured woman etc.
who has claimed maternity benefit shall give notice in Form 195 if she does pre-natal care, confinement, miscarriage, of pregnancy, of expected
certihcate
2. A registered midwife may issue a
confinement, of confinement or miscarriage
required under these regu-
Insurance Medical Ofhcer.
48.
Subs. for "Form 22" by Noti. No. N-11/13/2/2003-P&D. dt. 1-10-2004 (w.e.f. I11-200 lations with a counter-signature by the
49. Subs. for "Form 23" by Noti. No. N-I1/13/2/2003--P&tD. dt. I-10-2004 (w.e.t. I-1-200
50. Subs. for "Form 24-A" by Noti. No. N-11/13/2/2003-P&¢D. dt. 1-10-2004 (We..
3.5
I-I-2005).
Penalties
dt. I-10-2004 the following offences are punishablewith
S1. Subs. for "Form 24-B" by Noti. No. N-11/13/2/2oo3-P&D. ection 84, ESI Act, 1948, or with nne
not
I-I-2005). extend to six months,
52. Subs. for "Forms 12-A, 13-A and 14-A" by Noti. No. N-11/13/al2o3-PXD Onment for a period which may
I-10- 2004 (w.e.t. I-I-2005). kGeeding z 2000, or both:
3. Subs. tor "Forms 8, 9, 1o or 11" by Noti. No. N-11/13/2/2003-P&D. dt. I-10-200
L.
(w.e.f. 1-1-2005). .
Knowingly making any false statement.
S4. Subs. for "Form 24" by Noti. No. N-11/13/2/2003-P&D. dt. 1-1o-2004 (w.e.t. I-l-200 Knowingly making any false representation.
Factorie ct, 1948 537
welfare of women
welfare o
3. Knowingly causing any false statement be made provisions especiallu
4. Knowingly causing
to
any false representation to rovsn
for
oA8 contains some
for the 4.2
be m
made
si
F ao
ctnos
riesAct, stated as tollows.
welfare of
ing purposes:
(a) to cause any increase
with the a r e
in any payment to be made. folloy. The 1

hey
n's employmen near

cotton-openers
payable underunder this
(b) to cause any increase in any benefit p o m e n .' i o n o f w O m
Prohbttonof
948 says that no woman or child
(c) to cause any
payment or benent to be
ories shall be 4.2.1
benefit is authorised under this Act; made, wherS Act: for pressing
o n2 7 , F a c t o r i e s
facto
cotton in which a c
feed end of a cotton-opener is in a room se
employed
e is at
ayment or
a
of
(d) to avoid any payment to be made by himself

unde part
nHowever, 1r nartition extenang to tne roof
(e) to enable any other person to avoid
any this Act, or or to such heicht
the Act. payment to be any particular case specity in writine. wo
ery en
eight as the
child.
side of the partition where the feedand
eliv
The penalty is imposed under Section 85 of the Act.

under I n s p e c t o rm a y
there is a
doo.re feed end is
situated.
This se rement
1s metif not le in the
partition
any person fails to pay contribution, which he is liable to nstates th the door is show to a e tbetween
y beequf the and be ween
he shall be punished with imprisonment for a term
which mav. under thethatAcif T h e
room
of the r is shut, yet it is not locked,
locked,
open at a
.or pen particular
other effective
years. xtend to three beino
it from being opened by a
prevent
ctive means
Woman or child
raken
to
roo
wishing
4 Factories Act, 1948 the
press
into
In India, the first Factories Act, go

I88I was passed to protect child, nd to
provide for a few measures tor the health and safety of workere
o
znd
urinals for
women
4.2.2
Latrines
ovided
under Section 19(1), Factories Act that
quent Act and finally the Act of I948 aim to consolidate and amendbse
and regulate labour in tactories. This Act is complete from
thas .
sufficient latrine latrine and urinal accommodation of prescribed tvpes shall

all pointsla
and implements several provisions of international conventionslikeo view situated and accessible to workers at all t
Code of Industrial Hygiene and periodical examination of are at
the factory.
young ner. when theyenclosed accommoda shall be provided for male and
The Act makes detailed provisions
workers. Separate provisions are
regarding health, safety and welfare . sepast orkers which shall be adequately lighted and ventilated and
made for employment of young persone
Exclusive provisions have been made for
employment
of women in
factories an latrine or urinal shall, specialy exempted in writing by the
untess
Thus, the Factories Act, 1948 is a labour welfare enactment codifed wis Tnspector, communicate with any workroom except through an
view regulate working conditions in tactories and to provide These accommodations
intervening open space or Ventilatea passage.
to
and welfare measures. The Act also protects workers from being
health, safetw and sanitary condition at all times. Sweepers shall be
clean
subjected to shall be in a
unduly long hours of strenuous or manual labour.
employed whose primary duty would be to keep the latrines, urinals and
washing places clean.
4.1 Factory
The word 4.2.3
"factory" as defined under Section 2(m), Factories Act, 1948 means Creches
any premises, including the precincts thereof, babies are looked after while their moth-
Creche means public nursery where
ets are at work.
Section 48, Factories 1948 specihically provides that in
Act,
I.
whereon
of the
or more workers are working, or were working on any day
ro
12 months, and in tactory where more than 30 women workers are ordinarily employed,
preceding any part of which a manufacturing every
r o o m s for the use of
children of such women
process is being carried on with the aid of power, or is ordinarily so there shall be provided suitabler o o m s should provide adequate accommoda-
carried on, or below six years of age. Such and ventilation. The employer has been made
2. whereon 20 or more workers are working, or were working on any day ton along with adequate light
Fie
clean and sanitary condition.
of the preceding 12 months, and in any part of which a manufacturing ponsible to maintain such r o o m s in a care of the children and infants.
take
process is being carried on without the aid of power, or is ordinarily
s0
ppoint a well-trained w o m a n to rules prescribing
tne
carried on. the State Government may make

nis context, furnirur
Standards in respect of construction, accommodation, addinonal
d other also require
q a p m e n t s of the r o o m s of creches.
It may
rectly
Proposed legislation 539
Inspecto
or
rough his her epresentative
facilities to be given for the care of children belono to the inad
dequate provision for protecti of hislher
including suitable provisions for washing and changging to repres of
health or
esent
wom matter
factory
milk or refreshment, and the facility for the mothers the the
feedinggtheir ing,childrteen.e in
safety.
in
ty
4.2.4 Prohibition on work on or near machtnery in motion

ines
A c G1 9 5 2
the purview of the
cluded withi
According to Section 22(2), Factories Act, 1948, no wo

n o t
for the operation of actories Act, 1948,

s "mines
are slation was enacted
aratelegislation mines, i.e. the Mines
shall be allowed to clean, lubricate or adjust any part of.
any transmission machinery
while the prime young perperson separa ate Section 46 deals with matters
mOver or
is in motion; or to clean, lubricate or adjust any part of
mover or
transmissio
an Ssionma A,
t h i sA c t , .
I9S2.
mines.
relating to employ
per Section 46, Mines Act, 1952:
Under in
cleaning, lubrication or adjustment thereof would exposethe women of women.-(1) N shall, notwithstanding anything
person to risk of injury from any moving part, either of t woman oyoung
r he of
4 6 .E m p l o y
ment
oymen
ny
other law, be employed
min. hich is below ground;
adjacent machinery. t ot ar
a i n e di n a n
o fa
any in
any pa
any
p a r t
hove ground except between the hours of 6 a.m. an

7 p.m.
m a n e m p l o y e din
a mine above ground
4.2.5 Other restrictions la)
in shall be allowed an interval
th oma hours between the termination of employme
According to Section 66, the provisions ot this Chapter shall ho. 2
than
of the next iod
peric of employment.
by the further restriction that no woman shall be required or allov
in any factory except between the hours of 6:00 a.m. and
7:0
supplementworked
to
not
cOmmencement
he comnding anything contained in

Notwithstanding
sub-section (r), the Central
ifcation in the Offhcial Gazette, vary the hours of employ-
State Government in this regard has been given powers to of
Governme
nment nd of women in respect any mine or class or of description
but even such variation shall not authorise the employment of.
\imits, above r that no employment of any woman between the hours of 1o p.m.
that n
between the hours of 10:00 p.m. and 5:oo a.m. Woman
however
mine,.
so tted thereby.
permittec
The State Government has also been authorised to make rules neoa is
a.m.
mployment in a mine which is below ground is made in

exemption from restrictions of working women in curing or fish- viding for and5
prohibition as the process or activity in mines is hazardous and
factories, where employment of women beyond the hours of worksne the health of women.
necessary to prevent damage to or deterioration of any raw material C a u s em
s aterial.
impairment to
Workers (Conditions of Employment) Act, 1966

4.2.6 Dangerous operations and Cigar
edi is an area where: large mumber of women and chil-
making
If in the manufacturing process or operation carried on in a factorv. and cigar subjected to exploitation in terms of wages
Beedi Th
person employed in it is exposed to any risk of bodily injury, poisoningany are
employed.
of work and less wages compelled the govern-
hours
or dren
disease, the State Government vide Section 87{b) can make rules relating tn Long
working hours.
Beedi and Cigar
Workers Conditions of Employment) Act,
prohibiting or restricting the employment of women, adolescents or children. the
ment to
enact
benehts to women workers.

provided
1966 which of the Act it has been
laid down that no woman or young
4.2.7 Rights of workers Under Section 25 to work in any
industrial premises, except between
The rights of the workers have been elaborated in Section i1-A, Factories shall be required to ensure the welfare and
person
This has been provided
Act, 1948. According to Section 11I-A, Factories Act, every worker either b00 a.m. and 7:00 p.m.
workers.
male or female shall have the right to safety of women
I obtain from the occupier information relating to workers' health and Proposed legislation domestic workers is frequent
safety at work.
The issue of exploitation
of w o m e n and children most of the
or
no rights and
rules to fall back on,
2. get trained within the factory whenever possible, or, to get himself With known fact that
herself sponsored by the occupier for getting trained at a training cen and regularly reported.
become
slaves. It is also a
domestic helps have contemporary
tre or institute, duly approved by the Chief Inspector, where training

1s
and exploited by the placement agen-
women and children are trafficked restrictions and regulations
hany without any form of
imparted for workers' health and safety at work. openly in the demand
S, Which operate
decades there has been
t r e m e n d o u s growth
Inthe last few a

traficking and
other torms
56. S. 66(2), ibid. omestic workers, which has led to the
55. S. 66(1)(b), Factories Act, 1948.
exploitation of millions of
women of both.the
and children of
thousands s
this growing demand there has been a spurt of thousands « , and,. sexes, and
cies
in
domestic workers in metro-towns of
providing
various ways as well as trathc in women
plawhicementch agh
many
States
and children,whic
the purview legislative
of any control. Absence of
any legal remai ne expln
outs
to severe exploitation children, whichinc lude prot
of women and
d ection has let
otection
tic workers from their entire salary, making them workfor ane epriving dome
than 16 to day,
18 hours per proper food
absence of jerage oof moy
and
condition, forced and total cut off from their family members.living or
or sle
slee
sexual exploitation by agent during transit at the office of a ency d ab
workplace in houses of employers. The list of exploitation is endlessand atat tthe
abour,
quently reported upon by the
media. and tre
The legislations such as the recent notification on prohibition of
child lab
in domestic work under Child Labour (Prohibition and A
be in the absence of
Regulation)
1936
can not implemented implementation
any mecha
in this Act. Recently few State Governments have taken different
different init
initia
such as including domestic workers under minimum wage notification. hr
but in
the absence of a Central legislation capable of reaching all domestic worker
none of these State level measures can really benefit the domestic workere
Domestic Workers Welfare and Social Security Bill, 20Io was a proposed
comprehensive Central legislation specihcally designed to meet the working
condition of the domestic workers, who are an important segment of servike
sector of Indian economy and who have a multiplier impact on the economy
by enabling the women in particular to work by sharing the family burden can
ensure the end of the exploitation of these domestic workers. However, the il
could not be passed. Domestic workers have been brought under the purview
of two central legislation, viz. Unorganised Workers Social Security Act, 2008
and Sexual Harassment of Women at Workplace (Prevention, Prohibition.and
Redressal) Act, 2013.
Visit ebcexplorer.com to access cases referred to

in the book through EBC EBC
ExplorerM on SCC Online:
along with updates, articles, videos, blogs and a host Explorer
of different resources.
The following cases from this

chapter are available
through EBC ExplorerTM CASEPILOT
Air-India v. Nergesh Meerza, (198r) 4SCC 335: 1981 5C

(L&S) 599
C.B. Muthamma v. Union ofIndia, (rg79) 4 SCC 26o: 1979 SCC (L&S) 366
Neera Mathur v. LIC, (1992) SCC 286: 1992 SCC
Panhl.. I1.. :
I
(L&S) 259

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bpter6

lowing lines: the he International Women's Year. The rdinance provides

journalists, shops and commercialplantations

that a country which has just attained freedom and

example, children, women. mayappreciate

under foreign rule may not be able to implement the

employment or non-employment disputes.

3. Under the Constitution of settlement of so

of social justice whichi the fact that though India had

all State policy. the

enactment of Acts like the to the

lower oving women in the lesser

1.2 Remuneration Simar non hg n order retireme:

1.3 Equal work

required of a woman are not of tical

Supreme Courtaccepted this

The basic requirements of two classes are

become o n e class of service."

or for work of a similar nature. It, inter alia, says: of

Duty of employer to pay equal remuneration to men and

than those some

with fine which

not fihtt to thousand rupees

extend twenty thousand rupees or with

could otherwise pertorm, in particular

by the person aggrieved by the offence or Mater Benefit

of out care and

1.8 Implementation and remedies

enjoy the same social protection.

For the purpose of implementation of the oth was laid on

liberal provision for or

1.9 Rules Overn fective protection: against dismissal during

Pursuant to the Act, the Equal

Remuneration Rules, 1976 have l

provided. As per Rule 4, a claim is required to be

both her productive and reproductive roles

woman can of, or ork by, women

various State and Central Acts erred to vork in any

before and after childbirth, and provides

for the period of their actual absence up to I2 weeks due to

not more than 8

.S. 44), Maternity Benefit Act, I961.

thro any all De

"Wages" for the purpose for which

Court held that the

hnes; any contribution

For the purpose of maternity on days. These

time to ro time subject

that her maternity benefit and any e

she may be entitled

and that she will not work in any as she may

t following the day

termination of pregnancy. case

employer shall permit such for 160 days

establishment during the period for which she recn

period precedino tthe

()The amount of maternity beneht for the ate of her

amount due for

child. da. of her tubectomy operation.

(6) The wom to

maternity benefit or any nt etc.

motion or on an application such Act provides

ntitled, in addition to the period of absence