Medical Maternity benefit act

1961

BY ADVOCATE DESH DEEPAK SINGH

 Evolution of the Law on Workplace Sexual
Harassment

• Sec.5. Right to payment of maternity benefit. -- (1)

Subject to the provisions of this Act, every woman shall
be entitled to, and her employer shall be liable for, the
payment of maternity benefit at the rate of the average
daily wage for the period of her actual absence
immediately preceding and including the day of her
delivery and for the six weeks immediately following
that day.
• (2) No woman shall be entited to maternity benefit
unless she has actually worked in an establishment of
the employer from whom she claims maternity benefit
for a period of not less than one hundred and sixty days
in the twelve months immediately preceding the date of
her expected delivery: Provided that the qualifying
period of one hundred and sixty days aforesaid shall not
apply to a woman who has immigrated into the State of
Assam and was pregnant at the time of the
immigration.
 Origin
 
Under the relevant regulation of Air India Corporation (AIC) Act
and Indian Airlines Corporation (IAC) Act, there was a
discrimination made between the conditions of retirement and
termination of service pertaining to air hostesses (AH) and
those of male pursers (MP) forming part of the same cabin
crew and performing similar duties. These conditions were
that an AH under AIC retired from service:

(1) On attaining the age of 35 years, or

(2) On marriage, if it took place within four years of service, or
(3) On first pregnancy.
Fact in Issue: Whether this amounts to violation of
Article 14 (right to equality) and Article 15 and 16 (no
discrimination on basis of gender) of the Constitution?
Held: Stating that it is settled law that article 14
strikes at arbitrariness in state action and that the
principle of reasonableness “pervades Article 14 like a
brooding omnipresence”, the court examined all the
three conditions separately.
What article 15 (1) and 16 (2) prohibit is that the
discrimination should not be made only and only on
the ground of gender. Discrimination on the basis of
gender coupled with other considerations is not
Sec. 7. Payment or maternity benefit in case of death
of a woman. -
Sec. 8. Payment of medical bonus.
Sec .9. Leave for miscarriage.
Sec .10. Leave for illness arising out of pregnancy,
delivery, premature birth of child, or miscarriage.
Sec .11. Nursing breaks.
Sec .12. Dismissal during absence or pregnancy.
Sec.13. No deduction of wages in certain cases.