Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Provisions Of Maternity Benefits Act Prevail Over Contractual Conditions, Would Apply To Contractual Employees: Madras High Court
The Madras High Court reiterated that the provisions of the Maternity Benefits Act prevail over any contractual conditions set by employers to deny maternity benefits to women. The court ruled that contractual employees are entitled to maternity benefits under the Act, regardless of the terms of their employment contracts. The case involved a petition by the MRB Nurses Empowerment Association, seeking to extend maternity benefits, including 270 days of paid leave, to staff nurses working under the National Rural Health Mission scheme. The court noted that the Supreme Court had previously held that once a female employee meets the eligibility criteria under Section 5(2) of the Act, she is entitled to full maternity benefits, even if these exceed the duration of her contract. The court directed the authorities to process all pending and new applications for maternity benefits within three months, reinforcing the legal protections for maternity rights.