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october 1977

Supreme Court of India · 1977-10-12

B. SHAH vs PRESIDING OFFICER, LABOUR COURT, COIMBATORE & ORS.

Citation / case number
SC 1975/60456
Court
Supreme Court of India
Petitioner
B. SHAH
Respondent
PRESIDING OFFICER, LABOUR COURT, COIMBATORE & ORS.
Author
JASWANT SINGH
Bench
JASWANT SINGH

Judgment text excerpt

The Supreme Court interpreted the Maternity Benefits Act, 1961, specifically Section 5, to clarify that the term 'week' signifies a cycle of seven days, including Sundays, for the computation of maternity benefits. The Court held that a woman worker is entitled to maternity benefits for a maximum of 12 weeks, divided into prenatal and post-natal periods, and emphasized the need for a beneficent interpretation to ensure social justice for women workers under Article 42 of the Constitution. The appeal was dismissed, affirming the lower court's decision that the computation must include all days within the 12-week period.

B. SHAH vs PRESIDING OFFICER, LABOUR COURT, COIMBATORE & ORS. · Niyam