SHWAS HOMES PRIVATE LIMITED Vs. DEPUTY LABOUR COMMISSIONER

JUDGEMENT

(1.) The writ petition is filed by the employer challenging Ext.P3 order dated 26.12.2011 passed under Section 17 of the Maternity Benefit Act, 1961 (hereinafter referred to as 'the Act') by the Assistant Labour Officer Grade-II, Ernakulam 1 st Circle and confirmation of that order by the Appellate Authority under the said Act vide Ext.P5 order dated 12.11.2014.

(2.) Facts in brief are as follows:-

(3.) The Act provides for payment of maternity benefit to every woman in employment on fulfilling certain conditions. The 3rd respondent was not paid maternity benefits by her employer i.e., the petitioner. She therefore preferred Ext.P1 complaint dated 27.09.2011. The Assistant Labour Officer on whom powers of Inspector were conferred by the Act of 1961 entertained that application and called for remarks of the petitioner vide communication dated 15.10.2011 (Ext.P1). Accordingly, the petitioner herein submitted its remarks vide Ext.P2 communication dated 25.10.2011. The parties were heard by the Assistant Labour Officer and in exercise of powers under Section 17 of the Act, the petitioner herein came to be directed to pay the maternity leave benefits amounting to Rs.50,400/- (Rupees fifty thousand and four hundred rupees only) along with medical bonus under Section 8 of the Act amounting to Rs.2500/- (Rupees two thousand and five hundred only) within seven days from the date of receipt of the order.