MANAGEMENT T P S PLANTATION B DIVISION BY ITS PROPRIETOR S SELVARAJ Vs. INSPECTOR OF PLANTATIONS YERCAUD SALEM DISTRICT

JUDGEMENT

(1.) THE petitioner is the management of T.P.S. Plantation, Yercaud. In this writ petition, they have come forward to challenge an order of the Inspector of Plantations, dated 30.5.2007 in granting maternity benefit to the second respondent in terms of the Maternity Benefit Act and a direction was given to pay Rs.4357.50 towards maternity benefit and medical bonus of Rs.250/-, altogether a sum of Rs.4608/- to the second respondent.

(2.) THE writ petition was admitted on 3.11.2009 and this court declined to grant any interim order. Though the second respondent was served, she has not chosen to appear either in person or through counsel. THE fact that the second respondent was working in the petitioner estate and she had delivered a child on 5.8.2005 was not denied. But, when she had claimed maternity benefit supported by the medical certificate, the estate management took up the stand that they are not covered by the Plantations Labour Act as well as the Maternity Benefit Act, since they did not engage 10 or more workers. But the authority had entertained the claim made by the second respondent in Na.Ka.No.508 of 2004 and held that since a settlement under Section 12(3) was reached in respect of 18 workers agreeing to have service continuity and backwages, it is too late for the management to contend that they are engaging less than 10 workers. THE settlement itself covered more than 18 workers.

(3.) SPECIAL care and assistance for motherhood is one of the basic human rights contained in the Universal Declaration of Human Rights. Provisions for maternity protection is one of the programmes which is being furthered by the ILO on a worldwide basis. In pursuance of this objection the ILO has adopted two Conventions No.3 and 103 and a recommendation No.95 concerning Maternity Protection. Of these, Convention No.3 was adopted in the very first of its constitutions. India subscribes to the principles contained in these instruments though it might not have ratified the conventions. It is one of the directive principles of State policy contained in the Constitution of India that the State should make provision for maternity relief.