Respected legal luminaries,
WE need to confirm that what are the maternity remedy available to the exempted employees/ lady employed in ESI covered establishment.
As the MB Act does not cast the liability on the esi covered establishment U/S 2[2].
please debate with judgement.
kind regards
From India, Ahmedabad
WE need to confirm that what are the maternity remedy available to the exempted employees/ lady employed in ESI covered establishment.
As the MB Act does not cast the liability on the esi covered establishment U/S 2[2].
please debate with judgement.
kind regards
From India, Ahmedabad
1. Sir, in my opinion, it is wrong to suggest that "MB Act does not cast the liability on the ESI covered establishment U/S 2[2]" as mentioned by you in your remarks as above. The coverage under ESI Act, 1948 as well as under the Maternity Benefit Act, 1961 are decided separately by separate authorities. In case the unit is covered under both above Acts, the liability of payment of maternity benefit to the covered insured woman under ESI Act, 1948 is taken over by the ESIC provided that the woman employee is eligible for such maternity benefit under said ESI Act (i.e. her benefit period should have started under scheme of said Act and rules/regulations framed thereunder). Section 2(2) of MB Act, 1961 was amended long back in the years 1972 and 1976.
2. In case of those woman employees who are/were getting wages exceeding to coverage limit ( at present Rs.21000/- per month excluding over time),principal employer of the unit is liable for payment of maternity benefit under the Maternity Benefit Act, 1961.Please see sections 5A & 5B of the Maternity Benefit Act, 1961.
3. Further, I think, In respect of those woman employees also who are eligible under the Maternity Benefit Act, 1961 [see Section 5(2)], but not eligible for the maternity benefit under ESI Act, 1948, the principal employer is liable for payment of maternity benefit for such employees also. This is, what section 5B (c) of the maternity Benefit Act, 1961 lays down. Such cases, may however, be very rare.
4. Further, since the provisions of both above Acts are clear, I think there may be hardly any judgment of apex court or any of High Court relevant on the issue as desired by you in the remarks in the thread.
From India, Noida
9232. In case of those woman employees who are/were getting wages exceeding to coverage limit ( at present Rs.21000/- per month excluding over time),principal employer of the unit is liable for payment of maternity benefit under the Maternity Benefit Act, 1961.Please see sections 5A & 5B of the Maternity Benefit Act, 1961.
3. Further, I think, In respect of those woman employees also who are eligible under the Maternity Benefit Act, 1961 [see Section 5(2)], but not eligible for the maternity benefit under ESI Act, 1948, the principal employer is liable for payment of maternity benefit for such employees also. This is, what section 5B (c) of the maternity Benefit Act, 1961 lays down. Such cases, may however, be very rare.
4. Further, since the provisions of both above Acts are clear, I think there may be hardly any judgment of apex court or any of High Court relevant on the issue as desired by you in the remarks in the thread.
From India, Noida
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc