Supreme Court of India
B. Shah v. Presiding Officer, Labour Court, Coimbatore
Whether maternity benefit for the weeks of a woman's absence is paid for Sundays and other wageless rest days.
Decided under an earlier law
The Court decided this case under the Maternity Benefit Act, 1961. Section 164 of the Code on Social Security, 2020 repeals the Maternity Benefit Act, 1961. The Court's words are shown below beside the Code provision this library compares them with. This library does not say whether the decision holds good under the Code: compare the two texts.
What the Court decided
Each point is this library's summary, followed by the Court's own words, checked word for word against the Supreme Court's typed copy of the judgment (JUDIS file 5217). The pinpoint gives the page of the Supreme Court Reports and the margin letter (A to H) printed beside the line where the words begin.
A 'week' in the provisions on maternity benefit means a cycle of seven days, Sundays included.
we think that in the context of sub-sections (1) and (3) of section 5 of the Act, the term has to be taken to signify a cycle of seven days including Sundays.
[1978] 1 S.C.R. 701, at 708 E · open the report at p. 708 Maternity benefit is worked out for every day of the periods of absence before and after delivery, including Sundays and rest days that are wageless holidays.
computation of maternity benefit has to be made for all the days including Sundays and rest days which may be wageless holidays comprised in the actual period of absence of the woman extending upto six weeks preceding and including the day of delivery as also for all the days falling within the six weeks immediately following the day of delivery
[1978] 1 S.C.R. 701, at 709 D · open the report at p. 709 A beneficial law of this kind is to be read so that the woman worker can subsist, recover her energy, nurse her child and keep up her efficiency.
the beneficent rule of construction which would enable the woman worker not only to subsist but also to make up her dissipated energy, nurse her child, preserve her efficiency as a worker and maintain the level of her previous efficiency and output has to be adopted by the Court.
[1978] 1 S.C.R. 701, at 709 A · open the report at p. 709
The earlier provision and the Code
Maternity Benefit Act, 1961, section 5(1)
As quoted in the judgment: [1978] 1 S.C.R. 701, at 705 F · open the report at p. 705
Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day.
Social Security Code, section 60(1)
Right to payment of maternity benefit In force
(1) Subject to the other provisions of this Code, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, and any period immediately following that day.
Explanation.—For the purposes of this sub-section, "the average daily wage" means the average of the woman's wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, subject to the minimum rate of wage fixed or revised under the Code on Wages, 2019.
Wording in common: 55% of the words, in the same order.
Wording differs; the decision may not carry over. The Code provision is not worded like the provision the Court interpreted.
Maternity Benefit Act, 1961, section 5(3)
As quoted in the judgment: [1978] 1 S.C.R. 701, at 706 C · open the report at p. 706
The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day
Social Security Code, section 60(3)
Right to payment of maternity benefit In force
(3) The maximum period for which any woman shall be entitled to maternity benefit shall be twenty-six weeks of which not more than eight weeks shall precede the expected date of her delivery:
Provided that the maximum period entitled to maternity benefit by a woman having two or more surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery:
Provided further that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death:
Provided also that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the child.
Explanation.— For the purposes of this sub-section, "child" includes a stillborn child.
Wording in common: 27% of the words, in the same order.
Wording differs; the decision may not carry over. The Code provision is not worded like the provision the Court interpreted.