Labour Law & Hr Consultant
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Asst.manager -hr
Labour Laws & Ir
Statutory Complaince/labour & Employment
Hr Executive
Anish V
+2 Others

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Dear All,
Can you provide me authentic opinion that the maternity benefit act is applicable on private educational institutes for teaching female staff OR local court/high court/supreme court award for that.

Find out whether your stat Govt has declared private educational institutions within the meaning of Shops and Commercial Establishment Act of your state.If so it will apply.
Varghese Mathew

Mr. Varghese Mathew
The educational institutions within the meaning of the Bombay Shops and Establishment Act declared by Gujarat government although such establishments are exempted under section 4 of the act for compliance all provisions of the act. So my question is still stand.

KN Modi I am from Trivandrum.Hence not sure about GO’s of Gujarat Govt under MB Act. You better check the matter with any Labour Law consultant in Gujarat. Varghese Mathew
According to maternity benefit act every women employee will cover under Maternity benefit Act,
Educational institutions covered under states shops and commercial establishment Act registered all Service/ Employment covered under maternity benefit Act-1961.if you are from Maharashtra then go with the attachment.
Hope your query will not raise,
if it will raise please complaint in form no 6 & 7 can be sent to Labour inspector.

Attached Files
File Type: pdf 3999_209130_37_bombay_high_court_judgement.pdf (39.5 KB, 243 views)

HI, Not only Maharashtra all the states and Every Employment women covered under maternity Benefit Act, So don’t think much go ahead.
Mr. Ravi5554
I am talking about MB act 1961, the attachment which you have provided me is not clear about MB Act. I have raised complaint in form.6 before inspector, Labour department government of Gujarat however he has set aside my complaint saying that the institute is not covered under the shops and & establishments act i.e the establishments in educational activities are exempted for compliance of the all provisions of the act under section 4 of Bombay shops and establishment act. So you are not eligible for that. So in this case hence forth what I want to do.

If educational institutions are not considered as establishment under the relevant Act for MB Act as stated by the labor inspector ,you cannot do any thing unless you are covered under ESI Act.
Varghese Mathew

Dear Modi,
Pl refer to Sec.2(1)(b) of the Maternity Benefit Act,1961. We know that Employees Provident Fund Act is already applicable to all educational institutions employing more than 20 employees. Therefore, the condition stipulated in the sub-clause (b)- i.e., educational institution being an establishment under the EPF Act1952- stands automatically fulfilled and hence no need for any separate notification in this regard.

Hi KNModi For regarding this matter u can consult advocate for ur better understanding

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