Benefit of maternity leave with allowance to Contractual employee
AIROnline 2022 KER 275
An educational society CPAS is an "establishment" under S. 2(1)(b) of Maternity Benefit Act, 1961, as the term covers any establishment under State law, not only commercial entities. Hence MB Act's applicable to contract employees in establishments like CPAS. Further maternity benefits must be equally available to all women employees, including those on contract basis, in furtherance of gender equality and social justice. The MB Act provision reflects these constitutional mandates.
Legal principles
Special Rules framed by an establishment cannot override central legislation.",
"Alternative remedy is not a bar to entertaining a writ petition in appropriate cases.",
"Beneficial social welfare statutes should be interpreted to extend protection and benefits intended by the legislature.",
"Service conditions cannot be altered to the disadvantage of an employee during the course of employment."