Prayagraj, Feb 10 The Allahabad High Court has asked the Uttar Pradesh government to file an affidavit about the action it had taken, if any, to implement the Maternity Benefit Act, 1961 as amended in 2017 for the benefit of the people working in various educational institutions.
A two-judge bench comprising Justices Ajit Kumar and Swarupama Chaturvedi was of the view that the state was under an obligation to notify the Act while it was in existence for the benefit of the people who were working in various establishments.
The order was passed on a petition filed by Sunbeam Women's College which moved the court challenging the order of the National Commission for Women, which directed an employee's reinstatement.
It was contended that the concerned respondent-Commission exceeded its authority in passing the order directing reinstatement and extending maternity benefits in favour of the women employee.
"It is argued on behalf of the petitioner institution that the Maternity Benefit Act, 1961 shall not apply to the educational institution unless and until it is notified under proviso to Section 2(1) of the Maternity Benefit Act, 1961 which required the concerned State Government to issue notification in the official gazette for application of the Act with the approval of the Central Government and yet till date, no such notification has come to be issued," court noted.
In its order dated February 3, the court directed all the respondents to file a detailed counter-affidavit within a period of four weeks and fixed March 23 next for final disposal of the case.
Sunbeam Womans College v. Union of India, (Allahabad)(DB) : Law Finder Doc Id # 2851309
