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AIR 2000 SUPREME COURT 1274
::2000 AIR SCW 969
Supreme Court Of India
(From : Delhi)*
Hon'ble Judge(s):
S. Saghir Ahmad,
D. P. Wadhwa
, JJ
(A) Maternity Benefit Act (53 of 1961) , S.2 Proviso— Constitution of India , Art.42— Maternity benefits - Act not applicable to Municipal Corporation - Direction as yet can be issued by Industrial Tribunal to Management of Municipal Corporation to extend benefits of Act to muster roll female employees in continuous service. Where Industrial Tribunal felt that having regard to the activities of the Corporation, which had employed more than a thousand women employees, it should have been brought within the purview of the Act so that the maternity benefits contemplated by the Act could be extended to the women employees of the Corporation and it felt that this lacuna could be removed by the State Govt. by issuing the necessary notification under the Proviso to S. 2 of the Maternity Act and it consequently issued a direction to the management of the Municipal Corporation, Delhi to extend the benefits of Maternity Benefit Act, 1961 to such muster roll female employees who were in continuous service of the management for three years or more and who fulfilled the conditions set out in S. 5 of the Act, said direction is fully in consonance with the reference made to the Industrial Tribunal and also within concept of social justice.(Para 25 26) Contention of Corporation that since the provisions of the Act have not....
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