SHWAS HOMES PRIVATE LIMITED Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, admittedly, is an establishment covered under the Maternity Benefit Act, 1961(for brevity, "the M.B.Act"). The fourth respondent, an employee of the petitioner raised a claim under the Act and an order for payment was made by the competent authority; the third respondent as per Ext.P3. An appeal is provided from the said order under Section 17(3) of the Act. The petitioner within the stipulated time filed Ext.P4 before the second respondent. Since the second respondent did not consider the appeal, the petitioner was before this Court earlier and by Ext.P8, it was directed that the second respondent(who was the first respondent therein) consider the appeal and pass final orders on Ext.P4.

(2.) Strangely enough the second respondent chose to issue Ext.P9 order despite there being a direction to consider the appeal and pass final orders. In Ext.P9, the second respondent refused to entertain the appeal on the ground that he is not the appellate authority to consider an appeal against the order passed by the Assistant Labour Officer Grade-II, Ernakulam; under the Act.

(3.) What is stated in Exts.P10 and P11, is at best the understanding of the second respondent and not an opinion supported by the statutory provisions. The M.B. Act was enacted by the Parliament to regulate the employment of women in certain establishments, for periods before and after child birth and to provide for maternity benefit. The application of the Act in the first instance, under Section 2 was to be applied to every establishment inter alia being a factory and to every shops or establishments coming within the meaning of any law for the time being in force; in relation to such establishments in a State.