B. SHAH versus PRESIDING OFFICER, LABOUR COURT, COIMBATORE & ORS.

B. SHAH versus PRESIDING OFFICER, LABOUR COURT, COIMBATORE & ORS.

Computation of maternity benefit under section 5 of the Maternity Benefits Act, 1961 is to be made for all days including Sundays and rest days which may be wageless holidays, for the whole period of absence of the woman worker comprising pre-natal and post-natal periods, to achieve the object of providing social justice to women workers.

Parties
Appellant: B. Shah; Respondents: Presiding Officer, Labour Court, Coimbatore & Ors.; Respondent No. 2: Subbammal
Jurisdiction
India
Judgment Date
12 October 1977
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Madras High Court in Writ Appeal No. 165 of 1972
Outcome
Appeal dismissed
Legal Topics
Maternity Benefit, Computation of Maternity Benefits, Interpretation of Beneficial Legislation, Plantation Labour, Women's Rights
Labour Law Social Security Law Constitutional Law Maternity Benefit Computation of Maternity Benefits Interpretation of Beneficial Legislation Plantation Labour Women's Rights

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Parties

B. Shah

Appellant

Presiding Officer, Labour Court, Coimbatore & Ors.

Respondents

Subbammal

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Madras High Court in Writ Appeal No. 165 of 1972

Legal Issues

  1. 1 What is the connotation of the term 'week' in sections 5(1) and 5(3) of the Maternity Benefits Act, 1961 for computation of maternity benefit?
  2. 2 Whether maternity benefit is to be computed including Sundays or only for working days excluding wageless holidays.

Ratio Decidendi

Computation of maternity benefit under section 5 of the Maternity Benefits Act, 1961 is to be made for all days including Sundays and rest days which may be wageless holidays, for the whole period of absence of the woman worker comprising pre-natal and post-natal periods, to achieve the object of providing social justice to women workers.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay Rs. 1,000 to Mr. K. N. Bhat, amicus curiae, as his fee.