Case Law Details
Centre For Professional And Advanced Studies Vs Abhitha Karun (Kerala High Court)
Held that as per G.O.(P)No.2/2021/Fin. dated 04/01/2021 Government of Kerala has extended the benefit of maternity leave to employees appointed on contract basis irrespective of the tenure.
Facts-
Are contract employees entitled to the benefit of the Maternity Benefit Act, 1961 (the MB Act)? What does the term ‘establishment’ in Section 2 of the MB Act mean? Does the Centre for Professional and Advanced Studies, School of Medical Education (CPAS), a Society registered under the provisions of the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1955 come within the meaning of the term ‘establishment’, so as to entitle its employees to claim the benefit of the MB Act? Can special Rules framed by CPAS override the provisions contained in the MB ACT? These are the questions that we are called upon to answer in this intra-court appeal, which is against the judgment dated 28/02/2019 in W.P.(C) No.34821/2018. The appellant is the 2nd respondent and the respondents herein, the petitioner and respondents 1 and 3 respectively in the writ petition.
The writ petition was filed by the petitioner challenging the denial of maternity leave with allowance for a period of 26 weeks (180 days) by CPAS, i.e., the 2nd respondent Society.
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