Hello Sir, I am Komal Jaiswal from Navi Mumbai. I am working as an Assistant Teacher in Navi Mumbai School on a contract period (1st contract from Apr 18 to Apr 19 and 2nd contract from Apr 19 to Mar 20). I went on Maternity Leave from 3rd Jan 2020, and since then, the school has not paid me any amount for my Maternity Leave. I sent multiple emails and made calls for salary but did not get a response. Hence, I filed a complaint in the Labour office in Navi Mumbai, Thane.
Now, we met yesterday in front of the Labour officer and the school advocate. They are referring to the below points:
- As per the Maternity Benefit Act 1961, an employee is eligible if working in an establishment. They are saying the school is not an establishment as it is not clearly mentioned in the Act 1961 and are also giving reference to the Maharashtra Shops and Establishments Act 2017.
- As per the Maharashtra Employees of Private School Rules 1981, Leave is to be paid only (Half Pay) for 90 days.
I need help to prove that:
- The school also falls under the Establishment category.
- The Maternity Benefit Act 1961 supersedes the Maharashtra Employees of Private School Rules 1981.
- Any other reference to prove this.
From India, Mumbai
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Now, we met yesterday in front of the Labour officer and the school advocate. They are referring to the below points:
- As per the Maternity Benefit Act 1961, an employee is eligible if working in an establishment. They are saying the school is not an establishment as it is not clearly mentioned in the Act 1961 and are also giving reference to the Maharashtra Shops and Establishments Act 2017.
- As per the Maharashtra Employees of Private School Rules 1981, Leave is to be paid only (Half Pay) for 90 days.
I need help to prove that:
- The school also falls under the Establishment category.
- The Maternity Benefit Act 1961 supersedes the Maharashtra Employees of Private School Rules 1981.
- Any other reference to prove this.
From India, Mumbai
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As an answer to your query, please follow the below-mentioned thread: https://www.citehr.com/621350-matern...yer-force.html.
A school also falls under establishment, but educational institutions are not commercial establishments.
From India, Aizawl
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699A school also falls under establishment, but educational institutions are not commercial establishments.
From India, Aizawl
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Dear Mr. RADHAKRISHNAN,
Could you please assist me with an article, law, or act that states schools fall under the establishment category? This information would be greatly helpful, and I appreciate your support.
Thank you,
Komal Jaiswal
From India, Mumbai
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Could you please assist me with an article, law, or act that states schools fall under the establishment category? This information would be greatly helpful, and I appreciate your support.
Thank you,
Komal Jaiswal
From India, Mumbai
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@Sanjay-Jaiswal1,
Your query shall be addressed at the earliest. However, to support your first query, please go through a link where Delhi High Court allows male employees working in unaided private schools to avail paternity leave.
URL: [https://paycheck.in/labour-law-india/leave-and-holidays/leave-policy/high-court-allows-paternity-leave-in-private-schools](https://paycheck.in/labour-law-india/leave-and-holidays/leave-policy/high-court-allows-paternity-leave-in-private-schools)
From India, Aizawl
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Your query shall be addressed at the earliest. However, to support your first query, please go through a link where Delhi High Court allows male employees working in unaided private schools to avail paternity leave.
URL: [https://paycheck.in/labour-law-india/leave-and-holidays/leave-policy/high-court-allows-paternity-leave-in-private-schools](https://paycheck.in/labour-law-india/leave-and-holidays/leave-policy/high-court-allows-paternity-leave-in-private-schools)
From India, Aizawl
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@Sanjay-Jaisal1,
With reference to your recent query, I would like to add that educational institutions come within the meaning of 'establishments' under Section 1(5) of the ESI Act, 1948 - Calcutta High Court. Please go through the detailed article at: https://www.livelaw.in/news-updates/...shments-151158
From India, Aizawl
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With reference to your recent query, I would like to add that educational institutions come within the meaning of 'establishments' under Section 1(5) of the ESI Act, 1948 - Calcutta High Court. Please go through the detailed article at: https://www.livelaw.in/news-updates/...shments-151158
From India, Aizawl
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@Komal Jaiswal
Definition of "establishment" in Maharashtra Shops and Establishments Act 2017 also includes "a society registered under the Societies Registration Act, 1860, and a charitable or other trust, whether registered or not, which carries on, whether for purposes of gain or not, any business, trade or profession or work in connection with or incidental or ancillary thereto".
The concerned school must have been run by a Society. Since societies are "establishments", the school run by it would also be covered under the definition of "establishment". Secondly, when a charitable trust is covered under the definition of "establishment", there seems to be no doubt for an educational institution not being covered under the definition.
-S.K. Mittal
9319956443
From India, Faridabad
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Definition of "establishment" in Maharashtra Shops and Establishments Act 2017 also includes "a society registered under the Societies Registration Act, 1860, and a charitable or other trust, whether registered or not, which carries on, whether for purposes of gain or not, any business, trade or profession or work in connection with or incidental or ancillary thereto".
The concerned school must have been run by a Society. Since societies are "establishments", the school run by it would also be covered under the definition of "establishment". Secondly, when a charitable trust is covered under the definition of "establishment", there seems to be no doubt for an educational institution not being covered under the definition.
-S.K. Mittal
9319956443
From India, Faridabad
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The school is an establishment where services are offered by employees for wages and remuneration. Here, a case citation is attached for your reference, which is most appropriate for your case.
Please let me know if you need any further assistance.
From India, Mumbai
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Please let me know if you need any further assistance.
From India, Mumbai
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