Maternity Benefit Act 1961

Section 5(2) -Maternity benefits -maternity leave - denied to petitioner, a casual labourer - not allowed her to join service - claim of petitioner for reinstatement rejected by respondent - on ground that beak in service was more than 90 days - she was unjustly denied maternity leave and employment - action of respondents are totally illegal and violate Art. 14 and 21 of the Constitution fo India - Petitioner was appointed on 30-05-1988, as such as per GOM no. 19, she is also entitled and justified in seeking regularisation, as all other were regularised - hence respondents are directed to reinstate the petitioner in service and regularise her services. Madras High Court dated 20-12-2011 in WP no. 3603 of 2007 between L. Kannaki and Secretary to Government, Animal Husbandry and Fisheries Department, Chennai and Others. [2012(133) FLR 48]