Has 'Maternity Benefit Act' Been Made Applicable To Educational Institutions In State? Allahabad High Court Asks UP Govt

The Allahabad High Court has asked the Uttar Pradesh Governemnt as to whether it has issued any notification in the official gazette regarding the application of the Maternity Benefit Act, 1961, as amended in 2017, to the educational institutes across the state.A bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi has sought a detailed counter-affidavit within a period of four weeks. TBriefly put, a petition was filed by a Varanasi-based 'Sunbeam Womans College' challenging an order passed by the respondent Commission that had directed the reinstatement of an employee (Respondent No. 5) by extending the maternity act benefits to her. The counsel for the petitioner argued that the Maternity Benefit Act, 1961, does not automatically apply to educational institutions. He contended that for the Act to be applicable, the State Government must issue a specific notification in the official gazette under the proviso to Section 2(1) of the Act and that too, with the approval of the Central Government. According to the petitioner, no such notification had been issued to date in the state. The petitioner referred to the Kerala High Court's order in Chairman, PSM College of Dental Science & Research Bye Pass Road vs. Reshma Vinod and Others 2024 LiveLaw (Ker) 337, wherein it was effectively observed that the Maternity Benefit Act is not applicable to private educational institutions, unless a notification is issued in this regard by the State Government. It was the primary argument of the petitioner before the Allahabad HC that an educational institution does not fall within the definition of 'establishment' because it does not carry on any "business, trade or profession" and hence, without issuing a specific notification extending the Maternity Benefit Act to such institutions, the act won't apply to them. Thus, it was contended that the respondent Commission had erred in passing the impugned order. Taking into account these submissions, the bench observed that the State was a necessary party in this case as the "State was under an obligation to notify the Act while it was in existence for the benefit of the people who were working in various establishments". Accordingly, the Court impleaded the State of U.P. through the Additional Chief Secretary, Secondary Education, in the case and sought detailed counter-affidavits within four weeks. The matter will be heard next on February 23. In the interim, the High Court granted relief to the educational institution by ordering that the status quo as on the date shall be maintained with respect to the employment of the respondent no. 5. This means that the order for immediate reinstatement of the employee will remain stayed for now.

Has 'Maternity Benefit Act' Been Made Applicable To Educational Institutions In State? Allahabad High Court Asks UP Govt

Sparsh Upadhyay

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