Page 243 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes complain about the inadequacy of the facilities & the benefits. They have to spend additional
amount of money for buying medicines not available in ESI dispensaries. There is also time lag
or delay in providing the benefits to the workers.

Case Study Fair or Unfair

rancis de Costa, the respondent, met with an accident on June 26, 1971 while he was
on his way to his place of employment. The accident occurred at a place, which was
Fabout one kilometer away to the north of the factory. The time of occurrence was
4.15 p.m. The respondent was going to his place of work on bicycle. He was hit by a lorry
belonging to his employers, M/s. J.P. Coats (P) Ltd. He sustained fracture injuries and was
in hospital for 12 days. His claim for disablement benefit was allowed by ESI court and
appeal against the same was also dismissed. Allowing the appeal by special leave, the
Supreme Court held that the injury suffered by the workman one kilometer away from
the factory while he was on his way to the factory was not out of employment.
Question

Do you agree to the decision of the court? Why or why not? What would be your decision
if you have to give your decision?

9.11 The Maternity Benefit Act, 1961

This Act provides for the payment of maternity benefit to the working ladies on certain conditions.
The provisions of the Act relates to eligibility criteria, the period for which benefits are to be
paid and the rate of the benefit. This Act is applicable to all establishments not covered under the
ESI Act, 1948.

Applicability of the Act
The Act extends to the whole of India and applies to every establishment, factory, mine or
plantation, including any such establishment belonging to the Government and to every shop/
establishment wherein ten or more persons are employed. The Act was brought into force in
mines, with effect from 1st November 1963, after repealing the Mines Maternity Benefit Act,
1941. The State Government may extend all or any of the provisions of the Act to any other
establishment or class of establishments, industrial, commercial, agricultural or otherwise.

Employees Entitled

Any woman employee, whether employed directly or through any agency, who has actually
worked in the establishment for a period of at least 80 days in the 12 months immediately
preceding the date of her expected delivery, is entitled to receive maternity benefit.
Where the factory/establishment is governed under the provisions of the ESI Act but,

1. the woman employee is not qualified to claim maternity benefit u/s 50 of the ESI Act; or
2. Her monthly wages exceed 3000 then such woman employee shall be entitled to maternity
benefit under the Maternity Benefit Act.

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