Maternity benefit to contractual employees

My advise is to get definite reply to RTI application.  If you have not got it, then file First appeal against PIO.  Even then, if you would not get definite reply, then file Second Appeal before CIC.  If you have already got definite reply, but you are not satisfied, then go through the Maternity Act very carefully and see whether this school fits within the definition of establishment.  After that, you have two options, one - a joint application you can move before Assistant Labour Commissioner or file a writ petition before HC (court prefers joint petition of workers instead of PIL). In High Court, as the women are involved, you will get free legal aid for filing as well as for arguments.

If it is possible, post here the RTI reply, so that I can further advise you.

Dear Prabhkar

First of all this is not a school this is a Academy working under Government of NCT of Delhi who has appointed following numbers of teacher in different Government school under their payroll.

TGT – 200-250 (approx)

PGT – 9-10 (approx)

Primary Teacher 100-150 (approx)

Attached: RTI Transfer

Although we have not received our RTI reply as soon we have receive the reply of our RTI we will update the same on this Forum

Regards/Jatinder Pal Singh

You have made a good citation.

First of all it is to be determined which Act/Rule shall apply and who is the employer; Central or State Govt?

e.g; Maternity Benefit Act,1961 or Maternity Benefit Rules of the establsihment/govt?

Accrodingly the employer is to be dtermined.

You may go thru: Maternity Benefit Act,1961: 1(b),2(a),3(d)

and accordingly the applicable benefit is to be paid.

You may also represent to the Concerned Minister in NCT of Delhi i.e. currently Mr. Gopal Rai, and The Chief Secretary, Government of NCT of Delhi.

https://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Acts+Implemented/Summary+of+the+Acts+Implemented/The+Maternity+Benefit+Act,+1961

Disparity in Maternity Leave has been taken up under human rights as well.

19. Disparities in Maternity Leave to......................

https://nhrc.nic.in/ar98_99.htm

Now, I have gone through your RTI application.  Unfortunately, as most of the RTI applicants do, you are also doing the same mistake.  RTI purpose is only to seek information.  RTI authorities can give the information that maternity leave is provided to the teachers in Punjab Academy or not.  If the teachers are not provided the benefit, they cannot give answer that whether they are entiled or not.  That question can be decided by the courts of law.  Now, I have clear understanding about the issue, what you have to do is to file a representation to the Punjab Academy and also to the Ministry of Women & Social Welfare requesting them to introduce this benefit in Punjab Academy. Give them 15 days time.  If they will not act upon your representation, within one month, then you approach the High Court under writ jurisdiction making both Punjab Academy and Ministry of Women & Social welfare.  The legal position is like this:  Maternity benefit is available to the employees working in establishment as per 2(b) of the Act.  Establishment is defined under Section 3 (iva) of the Act.  Now, as Punjab Academy falls in Delhi (most probably it has been registered under Societies Act or registered under Charitable Society), Delhi Shops & Establishment Act's definition of Shop is applicable in this case.  As per that definition and that Delhi Act, even contractual employees are entitled to the benefit.  The benefit will be as stipulated in the Act.

Thanks Kumar Doab & Prabhakar for your valuable suggestion.

Prabhakar: Do we have to first wait for RTI reply / First Appeal (Directorate of Education, New Delhi) / Second Appeal before CIC or do I  have to directly file a representation toward the concern authorities

If yes, Please share any link where I can take help for drafting the representation.

Regards/Jatinder Pal Singh

Now, as I saw your RTI application, I do not see any merit to wait for the reply of RTI, because I said earlier that RTI can only tell you whether maternity benefit is being provided in Punjab Academy or not.  The answer, you know, very well.  So, write a representation to the Punjab Academy and Ministry of Women and Child welfare (or social department) and also as an abundant precaution to the directorate of school education asking them to  provide the benefit to the teachers of punjab academy, within 30 days, and waiting for 30 days approach the HC.

Thanks Prabhkar

You are right we know they are not providing the Maternity benefit without wasting a time we should submit representation to provide the Maternity Benefit to Punjabi Academy Teacher

As soon as we will draft the representation, i will share the same on this forum before submitting it to the concern department.

Regards/Jatinder Pal Singh