Dc School of Management and Technology v. the Deputy Labour Commissioner
Maternity Benefit Act, 1961 – Sections 5, 5(2), 17(1) – Entitlement
Case brief
What is this about?
Kerala High Court WP(C) 28427/2024 (decided 05.03.2025, Ernakulam): self-financing management college's writ petition against the Assistant Labour Officer's order (Ext.P5) directing payment of Rs.161585/- maternity-benefit balance to a former Assistant Professor, confirmed by the Deputy Labour Commissioner (Ext.P7) with recovery notice (Ext.P8); Court found, from the sanctioned leave communications Exts.R3(e) and R3(f), that the employee was in service during the three months preceding delivery; Maternity Benefit Act 1961 Sections 5, 5(2), 17(1); judicial review under Article 226 declined; writ petition dismissed.
What did the court decide?
On Exts.R3(e) (leave request sent by the petitioner to the 3rd respondent for approval) and R3(f) (sanction of that leave), the Court held that the 2nd respondent rightly found the 3rd respondent to have been in the petitioner's service during the three months preceding the date of her delivery.