Quality Bank Ltd. is a new private sector bank. It displayed some vacancies of Clerks, Supervisors and Managers in its website. In response to the advertisement the aspirants applied for the various posts according to th

CS Professional · Labour Laws and Practice · PYQS · December 2024
Quality Bank Ltd. is a new private sector bank. It displayed some vacancies of Clerks, Supervisors and Managers in its website. In response to the advertisement the aspirants applied for the various posts according to the required qualifications and experiences. Dinesh who applied for the post of clerk in the Bank got the job offer. Dinesh was given the appointment to join at its Barmer Branch. Since Dinesh was unemployed before joining this Bank, so he immediately joined without seeing the salary structure. After joining he realized that there is a big disparity between the salary structure of clerk and the officer. Dinesh was not getting the salary as per his expectation, so he made a complaint to the Government of Rajasthan against the Bank for exploitation of the clerical staff and not providing of adequate salary and requested for the revision of the salary under the Minimum Wages Act, 1948. Pragati also received an appointment letter on 10th July, 2024 from Quality Bank Ltd. She was offered appointment for the post of Assistant Manager and was to report joining at the Bank Branch situated at Johari Bazar, Jaipur on or before the 15th July, 2024. Pragati approached the Branch Manager and showed her appointment letter. After the necessary formalities she joined the Bank on 14th July, 2024. On 2nd October, 2024 Pragati applied for the maternity leave. The Branch Manager amazed to receive the leave application on the ground of maternity since at the time of joining on 14th July, 2024 Pragati's medical/fitness report was not showing any sign of pregnancy. Pragati then informed to the Branch Manager that she became mother of twin babies on 2nd October, 2024 through surrogacy and both the babies have been handed over to her on this date by the surrogated mother. However, the Branch Manager was not convinced with the plea of Pragati and he refused to grant the maternity leave. But Pragati proceeded on the maternity leave. The Branch Manager treated the leave availed by Pragati as absence on duty and accordingly deducted the wages and extended her probation period. Pragati's husband is a pilot in True Aviation Company (TAC). The TAC runs flights in India's air space and connects link between the capital cities and other major cities of India. Aviation companies in order to cut the cost are adopting various measures including the salary cut and reduction in wages. The TAC also adopted these measures and for the FY 2022-23 the company decided not to pay any bonus to the ground staff and air staff including the pilots. Based on the given facts, answer the following questions: Whether Pragati was entitled to avail the maternity leave when she herself has not undergone the process of delivering the babies ?

Answer & Explanation:

In terms of Section 3(ba) of the Maternity Benefit Act, 1961 "commissioning mother" means a biological mother who uses her egg to create an embryo implanted in any other woman. In this case, Pragati has become a mother through surrogacy. Section 5(2) of the Maternity Benefit Act, 1961 states that no woman shall be entitled to maternity benefit unless she has worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery. Further Section 5(4) of the Maternity Benefit Act, 1961 provides that a woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefits for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother. In the given case, Pragati is treated as the commissioning mother as specified under Section 3(ba) of the Act. Further, in terms of Section 5(2) she has worked in the Bank for 80 days (from 14th July to 1st October, both days inclusive) so she is entitled to get maternity benefits. Further as required by Section 5(4) since the twin babies were received by Pragati on 2nd October, 2024 hence the maternity leave shall start from this date and will remain upto the end of 12 weeks.

Topics: Social Security

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