F M KOLIA Vs. MANAGER THE TILES AND POTTERY WORKS LIMITED BILIMORA

JUDGEMENT

(1.) . Patina no. 1 is the General Secretary of Vapi General Kamdar Mandal at Bilimora. Petitioner no. 2 is a woman worker working in the factory of which respondent no. 1 is the Manager.

(2.) Petitioner no. 2 applied for her maternity leave pay under the Maternity Benefit Act 1961 The Senior Factory Inspector replied that she was not entitled to maternity leave pay inasmuch as she had attended only for 143 days and therefore in view of the provisions contained in sec. 5 (2) of the Maternity Benefit Act 1961 she was not entitled to maternity leave pay. Under these circumstances this petition is filed for obtaining the directions to get the maternity leave pay.

(3.) It may be stated that certain facts are not in dispute. It is not in dispute that petitioner no. 2 is a woman worker working in a Company known as The Tiles and Pottery Works Ltd. Bilimora. She is working there for the last eight or ten years as stated by the General Secretary who argued the matter personally. That fact is not challenged. She worked for a period of 143 days. That fact is also not disputed. We are told that she delivered a child on 13-2-1977. The learned advocate Shri H. B. Shah submitted that during twelve months between 13-2-1976 and 13-2-1977 she should have worked outlast for a period of 160 days and in as much as she worked for 143 days only she is not entitled to the benefit. This question is required to be resolved by construing sec. 5 (2) of the Maternity Benefit Act 1961 That section reads as follows :