Prayagraj, February 10 The Allahabad High Court has directed the Uttar Pradesh government to file an affidavit detailing the actions it had taken, if any, to implement the Maternity Benefit Act, 1961, as amended in 2017, for the benefit of people working in various educational institutions.
A two-judge bench comprising Justices Ajit Kumar and Swarupama Chaturvedi held that the state had a responsibility to notify the Act while it was in effect, to ensure the benefit of those working in various establishments.
The order was passed on a petition filed by Sunbeam Women's College, which challenged the order of the National Commission for Women, which had directed the reinstatement of an employee.
It was argued that the concerned Commission had exceeded its authority by passing the order and extending maternity benefits to the female employee.
"The petitioner institution argues that the Maternity Benefit Act, 1961, shall not apply to the educational institution unless and until it is notified under proviso to Section 2(1) of the Maternity Benefit Act, 1961, which requires the concerned State Government to issue a notification in the official gazette for the application of the Act with the approval of the Central Government. However, till date, no such notification has been issued," the court noted.
In its order dated February 3, the court directed all the respondents to file a detailed counter-affidavit within a period of four weeks and fixed March 23 for the final disposal of the case.
