Provisions Of Maternity Benefit Act Applicable To Private Educational Institutions Only From 6 March 2020: Kerala HC
The Kerala High Court observed that the provisions of the Maternity Benefit Act, 1961 is applicable to the private educational institutions from March 6, 2020.
The Court observed thus in a writ petition preferred by a Dental College and Research Centre, an educational institution established with the permission of Ministry of Health & Family Welfare, Government of India.
A Single Bench of Justice Dinesh Kumar Singh held, “Considering the gazette notification and the judgment of the Supreme Court in the case of Ruth Soren and the provisions of the Maternity Act, it can be said that the provisions of the Maternity Act were not applicable to the private educational institution before 6th March 2020, when the Government issued notification bringing the private educational institution including the school education within the ambit of the provisions of the Maternity Act.”
Advocate K.K. Premalal represented the petitioner while Senior GP Justin Jacob and Advocate C.P. Pretty represented the respondents.
In this case, the petitioner institution received a show cause notice in September 2017 from the Inspector under the 1961 Act (The Asst. Labour Officer) alleging non-payment of maternity benefit to the respondent woman. The petitioner submitted a detailed reply to the Inspector but it passed an order, directing the petitioner to pay an amount of Rs. 64,393/- as maternity benefit and medical bonus to the respondent under the Act. The petitioner filed an appeal under Section 17(3) of the Act before the Appellate Authority and it dismissed the same. Hence, the petitioner was before the High Court against such order.
The High Court in view of the above facts noted, “The State Government only by notification dated 6th March 2020 issued in exercise of the proviso to sub section 1of section 2(b) of the Maternity Act has extended the provisions of the Maternity Act to private educational institution including unaided school inclusive of teachers in the State of Kerala.”
The Court added that the State Government did not concede that the provisions of the Maternity Act were applicable to the private educational institution and therefore it issued a notification dated March 6, 2020 to bring the private educational institution as well within the ambit of the provisions of the Maternity Act.
“The impugned orders are with respect to the period prior to the notification dated 6th March 2020 and therefore, the impugned orders are not sustainable”, it concluded.
Accordingly, the High Court allowed the writ petition and quashed the impugned order.
Cause Title- Chairman, PSM College of Dental Sciences & Research v. Reshma Vinod & Ors. (Neutral Citation: 2024:KER:36579)
Appearance:
Petitioner: Advocates K.K. Premlal and Vishnu Jyothis Lal.
Respondents: Sr. GP Justin Jacob, Advocates C.P. Pretty, and Sunny Xavier.
