Help Regarding My Maternity Benefit

Dear Seniors ,
I am working with a with a manpower outsourcing company and in total 20- 25 females and 1700-1800 total employees are working on our payroll ( contract and office staff) . i am associated with this company from last 2 year. Company dont have any leave policy not even the maternity leave & benfits.
I am in my 8 month of preganancy and will be on leave from 1 feb 2013. yet i have'nt discusses with my management for Maternity benefit (3 month salary). As i already intimated them verbally abt my preganancy & today i will give writen mail with doctor certificate which will certify my date of deleivery. As per law i will i am intimating them 7 week before my delivery. Now i just want to know shall i ask them for Maternity benefit or not. Or shall i directly go to Labour court.
Please suggest me i am bit confused.

Dear Swati,
If you are under ESI then you can avail the facility from ESIC. if you are not covered under ESI then the Management is responsible for providing the full profit as per Maternity Benefits Act., 1961.
According to the Maternity Benefits Act 1961, you are entitled to 6 weeks of leave before your due date, and 6 weeks after your child's birth. So you can claim at least 12 weeks or three months maternity leave.
Under the Maternity Benefits Act of 1961, you're entitled to maternity benefits at the rate of your average daily wage for the period of your absence, for a maximum period of 12 weeks (6 weeks before delivery and 6 weeks after). You can only claim this compensation though if you have worked at least 80 days for your employer in the last 12 months.
Thanks & Regards
Manoj Kumar

Hi,
Below is the link for the leave benefits
Leave Policy for different sectors in India « hrmexpress
Accordingly you can speak to your seniors.

Dear Mr.Manoj,
I am working with this company from last 2 yrs & not covered in to esic, as my salary gross salary is more 15000. Shall i ask them for maternity benefit or directly approach to labour officer .

Dear Swati,
Why you again and again quoting labour court? have your employer deny to give maternity benefit to you?
Well clear answer is discuss your management regarding maternity benefit of 12 weeks / 3 Months go to leave with cool mind.
If in case they will deny for giving maternity benefit to you then after think about other way that may be labour court only if you have not signed any contract mentioning no leave clause.
Chill HR !!

You can first have a mutual discussion with your management / reporting head / HR head. Basis their decision you can decide your act. Approaching labour court without knowing their point of view will rather mess up things then being helpful.
FYI...
Section 38-C of the Bombay Shops and Establishments Act as well as the proviso to sub-section (1) of Section 2 of the Maternity Benefit Act give power to the State Government to extend the application of the Maternity Benefit Act to women employees in any establishment or class of establishments. Accordingly the State Government has extended the application of the Maternity Benefit Act to all shops, commercial establishments, residential hotels, restaurants and eating houses to which the Bombay Shops and Establishments Act applies but the Employees' State Insurance Act does not apply.

Swati
Maternity Benefit Act is aplicable to your establsihment on it's own, it being an establishments under West bengal Shops Act. You can seek maternity benefit under the Maternity Benefit Act for twlve weeks of which 6 weeks shall preced tthe expected date of delivery.
B.Saikumar
Mumbai