TATA TEA LTD Vs. INSPECTOR OF PLANTATIONS

JUDGEMENT

(1.) Employer is the petitioner.

(2.) Ext. P5 order of the second respondent, the Chief Inspector of Plantations, Kottayam confirming the orders of the Inspector of Plantations directing payment of maternity benefit to respondent 3 onwards, in addition to the benefit they have already been given by the management under The Kerala Industrial Establishments (National and Festival Holidays) Act, 1958, for short The National and Festival Holidays Act, is under challenge.

(3.) The short question arising for consideration is whether an employee entitled to the benefit of Maternity Benefit Act, 1961 is eligible to claim the benefit under S.5(l) of The National and Festival Holidays Act. The answer depends upon the construction of S.4A and 5 of The National and Festival Holidays Act. I shall now extract the relevant provisions: