Friends, I would suggest the views expressed in this link to be taken note of:
https://www.lawrbit.com/article/maternity-benefits-beyond-contractual-employment-supreme-court-pronouncement/
In the query on hand implies two factors - 1) 80 days minimum service to qualify for MB and
2) the tenure of employment, within which the MB will have to be enjoyed.
My views are- the point No.2) has been amply cleared by the pronouncements of the SC in this judgment beyond doubts.
Whereas the point No.1) requires to be deliberated. This call for appreciating the fact that a "pregnant woman" (which is not being disputed) "cannot be terminated on the pretext of being 'she is pregnant"'. I'm sure this factor cannot be overlooked. So ultimately what is to be seen, i) she will continue to be employed till her contract term of 6 months and "gets extended beyond the 6 months" by the time she will complete the mandatory 80 days and thus she'll be entitled to MB. Am I correct ?
Further the relevant provisions of MB Act also should be read in conjunction:
xxxxx
"12. Dismissal during absence or pregnancy. -- (1) Where a woman absents herself from
work in accordance with the provisions of this Act, it shall be unlawful for her employer
to discharge or dismiss her during or on account of such absence or to give notice of
discharge or dismissal on such a day that the notice will expire during such absence, or to
vary to her disadvantage any of the conditions of her service.
(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the
woman but for such discharge of dismissal would have been entitled to maternity benefit
or medical bonus referred to in section 8, shall not have the effect of depriving her of the
maternity benefit or medical bonus:
Provided that where the dismissal is for any prescribed gross misconduct the
employer may, by order in writing communicated to the woman, deprive her of the
maternity benefit or medical bonus or both.
(b) Any woman deprived of maternity benefit or medical bonus or both may, within sixty
days from the date on which the order of such deprivation is communicated to her, appeal
to such authority as may be prescribed, and the decision of that authority on such appeal,
whether the woman should or should not be deprived of maternity benefits or medical
bonus or both, shall be final.
(c) Nothing contained in this sub-section shall affect the provisions contained in subsection (1) "
xxxx
From India, Bangalore
1077https://www.lawrbit.com/article/maternity-benefits-beyond-contractual-employment-supreme-court-pronouncement/
In the query on hand implies two factors - 1) 80 days minimum service to qualify for MB and
2) the tenure of employment, within which the MB will have to be enjoyed.
My views are- the point No.2) has been amply cleared by the pronouncements of the SC in this judgment beyond doubts.
Whereas the point No.1) requires to be deliberated. This call for appreciating the fact that a "pregnant woman" (which is not being disputed) "cannot be terminated on the pretext of being 'she is pregnant"'. I'm sure this factor cannot be overlooked. So ultimately what is to be seen, i) she will continue to be employed till her contract term of 6 months and "gets extended beyond the 6 months" by the time she will complete the mandatory 80 days and thus she'll be entitled to MB. Am I correct ?
Further the relevant provisions of MB Act also should be read in conjunction:
xxxxx
"12. Dismissal during absence or pregnancy. -- (1) Where a woman absents herself from
work in accordance with the provisions of this Act, it shall be unlawful for her employer
to discharge or dismiss her during or on account of such absence or to give notice of
discharge or dismissal on such a day that the notice will expire during such absence, or to
vary to her disadvantage any of the conditions of her service.
(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the
woman but for such discharge of dismissal would have been entitled to maternity benefit
or medical bonus referred to in section 8, shall not have the effect of depriving her of the
maternity benefit or medical bonus:
Provided that where the dismissal is for any prescribed gross misconduct the
employer may, by order in writing communicated to the woman, deprive her of the
maternity benefit or medical bonus or both.
(b) Any woman deprived of maternity benefit or medical bonus or both may, within sixty
days from the date on which the order of such deprivation is communicated to her, appeal
to such authority as may be prescribed, and the decision of that authority on such appeal,
whether the woman should or should not be deprived of maternity benefits or medical
bonus or both, shall be final.
(c) Nothing contained in this sub-section shall affect the provisions contained in subsection (1) "
xxxx
From India, Bangalore
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc