Dear Adv Manoj ji,
1. Kindly refer to your remarks as above vide which you have mentioned as"as we know we have maternity law applicable for Married women" and to submit that in my opinion, it is no where mentioned in either The Maternity Benefit Act, 1961 nor in the Employees' State Insurance Act, 1948 that these laws are applicable only to the "married women". What is required under above laws is "a woman employed, whether directly or through any agency, for wages in any establishment" (Section 3(o) of the Maternity Benefit Act).
2. In addition, in order to become eligible for benefits under above Acts, there are some conditions of minimum period of employment and contribution(under ESI Act), but there is no condition that the said woman must be "married". Only condition is that there must be inability of woman to perform her duties for certain period before and after child-birth or miscarriage or illness due to such maternity as certified by the authorised Medical Officer.
3. I hope, your goodself will consider my views as above in view of provisions of the said Acts and will like to advise me if my views are not correct, so that I may be able to form my views accordingly.
1. Kindly refer to your remarks as above vide which you have mentioned as"as we know we have maternity law applicable for Married women" and to submit that in my opinion, it is no where mentioned in either The Maternity Benefit Act, 1961 nor in the Employees' State Insurance Act, 1948 that these laws are applicable only to the "married women". What is required under above laws is "a woman employed, whether directly or through any agency, for wages in any establishment" (Section 3(o) of the Maternity Benefit Act).
2. In addition, in order to become eligible for benefits under above Acts, there are some conditions of minimum period of employment and contribution(under ESI Act), but there is no condition that the said woman must be "married". Only condition is that there must be inability of woman to perform her duties for certain period before and after child-birth or miscarriage or illness due to such maternity as certified by the authorised Medical Officer.
3. I hope, your goodself will consider my views as above in view of provisions of the said Acts and will like to advise me if my views are not correct, so that I may be able to form my views accordingly.