The plethora of Indian Legislations alms at women empowerment. Thousands of women all over India earn daily wages as ;muster-roll’ employees. Though they work without a break in service they are not made permanent, and are not entitled to maternity leave and other benefits. The Judicial decisions rendered by the Indian Courts depict the active role played by the Judiciary to protect women from exploitation at a stage where legislations are uniformed due to lack of adequacy of enforcement machinery.
The legislative and judicial initiatives have placed the women in a better place in the society. Yet the woman in India has to go for miles to achieve cent per cent empowerment Municipal Corporation Of Delhi vs. Female Workers (Muster Roll) Facts: The female worker (muster roll), which was engaged by the Municipal Corporation of Delhi, raised a demand for grant of maternity leave which was made available only to regular female workers but was denied to them on the ground that their services were not regulated and, therefore, they were not entitled to any maternity leave.
Their case was espoused by the Delhi Municipal Workers Union . At was to be decided ‘OFF benefit? If so, what directions are necessary in this regard? The Union filed a statement of claim in which it was stated that Municipal Corporation of Delhi employs a large number of persons including female workers on muster roll and they are made to work in that capacity for years together though they are recruited against the work of perennial nature.
It was further stated that the nature of duties and responsibilities performed and undertaken by the muster roll employees are the same as those of the regular employees. The women employed on muster roll, which have been working with the Municipal Corporation of Delhi for years together, have o work very hard in construction projects and maintenance of roads including the work of digging trenches etc. UT the Corporation does not grant any maternity benefit to female workers who are required to work even during the period of mature pregnancy or soon after the delivery of child. It was plead that the female workers required the same maternity benefits as were enjoyed by regular female workers under the Maternity Benefit Act, 1961. The denial of these benefits exhibits a harmful attitude of the Corporation in respect of a humane problem. Issues: 1 . Should the female workers working on Muster Roll be entitled to any maternity benefit? . If so to what extent does the maternity benefit apply to them? 3. What are the directions needed to make this happen? Laws: 1 . Maternity Benefit Act, 1961 -Sections 2, 3(b), (c), (h), (o) and (n), 5, 6, 8 to 12, 21, 23 and 27 2. Constitution of India- Preamble, Articles 14, 15,(3), 38, 39, 42 and 43. Sections 2(1) proviso and 5 3. Municipal Corporations and Boards are “Industry”- Employees on muster roll are “workmen” and dispute between them and corporation is Industrial Dispute-Industrial Disputes Act, 1947.
Arguments: The Corporation in their written statement, filed before the Industrial Tribunal, pleaded that the provisions under the Maternity Benefit Act, 1961 or Central Civil Services (Leave) Rules were not applicable to the female workers, engaged on muster roll, as they were all engaged only on daily wages. It was also contended that they were not entitled to any benefit under the Employees’ State Insurance Act, 1948. It was for these reasons that the Corporation contended that the demand of the female workers (muster roll) for grant of maternity leave was liable to be rejected.
The Tribunal, by its Award allowed the claim of the female workers (muster roll) and directed the Corporation to extend the benefits under the Maternity Benefit Act, 1961 to muster roll female workers who were in the continuous service of the Corporation for three years or more. The Corporation challenged this Judgment in a Writ Petition before the Delhi High Court which was dismissed by the Single Judge. The Letters Patent Appeal (LAP No. 64 of 1998), filed thereafter by the Corporation was dismissed by the Division Bench on the ground of delay.
Learned counsel for the Corporation intended that the Division Bench was not Justified in rejecting the appeal on the ground of delay which ought to have been condoned as there was only a 33 days’ delay in filing the Letters Patent Appeal which was caused on account of the opinion of different Departments which had to be obtained before filing the Letters Patent condoned the delay in filing the appeal, we find it difficult to enter into that controversy and examine the reasons why the appeal was filed before the Division Bench after the expiry of the period of limitation.
However, since the question involved in this case is important, we deem it fit to express ourselves on the merits of the matter as we have heard the counsel for the Corporation on merits also. The Chapter Ill of the Constitution Article 14 provides that the State shall not deny to any person equality before law or the equal protection of the laws within the territory of India. It was held that labor to whichever sector it may belong in a particular region and in a particular industry will be treated on equal basis.
Article 15 provides that the ‘State shall not discriminate against any citizen on grounds only of religion, race, asset, sex, place of birth or any of them. Clause (3) of this Article provides as under: – “(3) Nothing in this article shall prevent the State from making any special provision for women and children. ” It was held that Article 15(3) applies both to existing and future laws. From Part Ill, we may shift to Part IV of the Constitution containing Directive Principles of State Policy.
Article 38 provides that the State shall strive to promote the welfare of the people by securing and protecting, as effectively as it may, a social order in which Justice, social, economic and political shall inform all the institutions of the national life. Article 39 provides, inter alai, as under certain principles of policy to be followed by the State – Articles 42 and 43 provides as under provision for Just and humane conditions of work and maternity relief – The State shall make provision for securing Just and humane conditions of work and for maternity relief living wage, etc. For workers – The State shall endeavor to secure, by suitable legislation or economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavor to promote cottage industries on an individual or co- operative basis in rural areas.
Article 42 specifically speaks of “Just and humane conditions of work” and “maternity relief, the validity of an executive or administrative action in denying maternity benefit has to be examined on the anvil of Article 42 which, though not enforceable at law, is nevertheless available for determining the legal efficacy of the action complained of. Learned counsel for the Corporation contended that since the provisions of the Act have not been applied to the Corporation such a direction could not have been issued by the Tribunal.
This is a narrow way of looking at the problem which essentially is human in nature and anyone acquainted with the working of the Constitution, which aims at providing social and economic Justice to the citizens of this country, would out rightly reject the contention. The relevance and significance of the doctrine of social Justice has, times out of number, been emphasized by this Court in several decisions.
The Court observed that the Constitution of India seeks to create a democratic, welfare State and secure social and economic Justice to the citizens. Kindergärtner, J speaking for the Court, said : “Indeed the concept of social justice has now become such an integral part of industrial law that it would be idle for any party to suggest that industrial adjudication can or should ignore the claims of social Justice in dealing with industrial disputes. The concept of social Justice is not Its sweep is comprehensive. It is founded on the basis ideal of socio-economic quality and its aim is to assist the removal of socio-economic disparities and inequalities; nevertheless, in dealing with industrial matters, it does not adopt a doctrinaire approach and refuses to yield blindly to abstract notions, but adopts a realistic and pragmatic approach It was observed that the Municipal activity would fall within the expression “undertaking” and as such would be an industry.
Article 11 States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men ND women, the same rights, in particular; (a) The right to work as an inalienable right of all human beings; (b) The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment; (c) The right to free choice of profession and employment, the right to promotion, Job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training; (d) The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work; (e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave. (f) The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction.
In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, States Parties shall aka appropriate measures : (a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status; (b) To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances; (c) To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment ND development of a network of child-care facilities; (d) To provide special protection to women during pregnancy in types of work proved to be harmful to them. Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary. ” These principles which are contained in Article 1 1, reproduced above, have to be read into the contract of service between Municipal Corporation of Delhi and the women employees (muster roll); and o read these employees immediately become entitled to all the benefits conceived under the Maternity Benefit Act, 1961.
Reasoning: It is in the background of the provisions contained in Article 39, specially in Articles 42 and 43, that the claim of the respondents for maternity benefit and the action of the petitioner in denying that benefit to its women employees has to be scrutinized justified in law or not. Conclusion: To conclude we can see that the direction issued by the Industrial Tribunal shall be complied with by the Municipal Corporation of Delhi by approaching the State Government as also the Central Government for issuing necessary Notification under the Proviso to Sub-section (1) of Section 2 of the Maternity Benefit Act, 1961, if it has not already been issued.
