Anonymous
Hello Sir, I am Komal Jaiswal from Navi Mumbai. I am working as Assistant teacher in Navi Mumbai School on a Contract period (1st Contract from Apr, 18 to Apr, 19 and 2nd Contract from Apr, 19 to Mar, 20). I went on Maternity Leave from 3rd Jan, 2020 and since, then school has not paid me any amount for my Maternity Leave. I sent multiple emails and made calls for salary but did not get a response. Hence, I filed a complaint in the Labour office in Navi Mumbai, Thane.

Now, we met yesterday in front of the Labour officer and school advocate they are referring below points -

> As per Maternity Benefit Act 1961 employee is eligible if working in establishment and they are saying School is not an establishment as it is not clearly mentioned in Act 1961 and also giving reference of Maharashtra Shops and Establishments Act 2017.

> As per Maharashtra Employees of private school rules 1981, Leave is to be paid only (Half Pay) for 90 days.

Need Help to prove that -

- School also fall under Establishment

- Maternity Benefit Act 1961 is superseding Maharashtra Employees of private school rules 1981

- Any other reference to prove this.

From India, Mumbai
rkn61
464

As an answer to your query, please follow the below mentioned thread,
https://www.citehr.com/621350-matern...yer-force.html
A School also fall under Establishment, but educational institutions are not commercial establishments.

From India, Aizawl
Dear RADHAKRISHNAN Sir,
Can you please help me with some Article or Law or Act which says that School fall under Establishment category.
This will help me very much and appreciate your help.
Thanks
Komal Jaiswal

From India, Mumbai
rkn61
464

@Sanjay-Jaiswal1,
Your query shall be addressed at the earliest.
However, to support your first query, please go through a link, where Delhi High Court
allows male employees working in unaided private schools to avail paternity leave.
https://paycheck.in/labour-law-india...rivate-schools

From India, Aizawl
rkn61
464

@Sanjay-Jaisal1,
With reference to your recent query, would like to add that,
Educational Institutions Comes Within The Meaning Of 'Establishments' Under Section 1(5) Of The ESI Act, 1948 - Calcutta High Court.
Please go through the detailed article:-
https://www.livelaw.in/news-updates/...shments-151158

From India, Aizawl
@Komal Jaiswal
Definition of "establishment" in Maharashtra Shops and Establishments Act 2017 also includes "a society registered under the Societies Registration Act, 1860, and a charitable or other trust,whether registered or not, which carries on, whether for purposes of gain or not, any business, trade or profession or work in connection with or incidental or ancillary thereto"
The concerned school must have been run by a Society. Since societies are "establishment", the school run by it would also be covered under the definition of "establishment". Secondly, when a charitable trust is covered under the definition of "establishment", there seems no doubt for an educational institution not being covered under the definition.
-S.K. Mittal
9319956443

From India, Faridabad
The school is an establishment because where services offered by the employee for wages & remuneration. Here a case citation is attached for your reference, which is most appropriate for this case of yours.
From India, Mumbai

Attached Files (Download Requires Membership)
File Type: pdf Karnataka High Court order.pdf (405.9 KB, 28 views)

She will get benefits under MB Act only if State govt have notified private schools as an establishment under the proviso to sec 2(1) of the Act.
Kerala govt has done so.
Varghese Mathew. TVM
9961266966

From India, Thiruvananthapuram

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