Renuka, received an appointment letter on 25th February, 2022 from Global Bank Ltd., HR Division, Fort Mumbai. The appointment was for the post of Assistant Manager and she was to join at its branch office Vashi, Mumbai

CS Professional · Labour Laws & Practice · PYQS · December 2022
Renuka, received an appointment letter on 25th February, 2022 from Global Bank Ltd., HR Division, Fort Mumbai. The appointment was for the post of Assistant Manager and she was to join at its branch office Vashi, Mumbai latest by 28th February, 2022, else the Bank will treat that the candidate is not interested and shall cancel the appointment. Renuka was having pregnancy of 3 months at the time of receipt of the appointment letter. She was very happy to receive such appointment letter and as per the demand of her friends, she gave a little party in a Hotel, near her home. During the party hours, when she was in little dancing mood, all of a sudden she slipped down and an unwanted miscarriage happened. After taking the necessary medical treatment, she decided to join the bank branch on 28th February, 2022. She went to the branch, shown the appointment letter and the manager allowed her to join. At the end of the same day, she applied for maternity leave from 1st March, 2022. As per the relevant provisions of the law, whether the Manager of the branch was liable in employing Renuka, after her miscarriage?

Answer & Explanation:

Section 4 of the Maternity Benefit Act, 1961 prohibits the employment of, or work by, women during certain period. It reads as under: No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy. No woman shall work in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy. In sub-section (1) the word 'knowingly' is used. In the given case, the manager was not knowing about the miscarriage of Renuka. The only point is that before permitting any employment, usual practice in many of the establishment is to insist on a Medical Certificate. As Renuka has not tendered the Medical Certificate and also not disclosed the fact to the Manager about her miscarriage, the Manager is not liable for employing her during the period of miscarriage, as he did not 'knowingly' employ her in contravention of the Act.

Topics: Maternity Benefit Act, 1961

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