Case Analysis: Municipal Corporation of Delhi vs Female Workers (Muster Roll)
Case analysis: Municipal Corporation Of Delhi vs Female Workers (Muster Roll)
CIA-III Labor Law-II
By Ryan Albert Mendonca
1016223
7th Sem BBA-LLB ‘C’
Table of Contents Abstract: 3 Facts: 4 Issues: 4 Laws: 5 Arguments: 5 Reasoning: 9 Conclusion: 9 Bibliography: 10
Abstract:
The legislations, which take care of rights and privileges of women, are numerous in number. But due to ignorance and illiteracy those legislations cannot be properly enforced. The plethora of Indian Legislations aims 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 regularized and, therefore, they were not entitled to any maternity leave.
Their case was espoused by the Delhi Municipal Workers Union .It was to be decided whether the female workers working on Muster Roll should be given any maternity 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
CIA-III Labor Law-II
By Ryan Albert Mendonca
1016223
7th Sem BBA-LLB ‘C’
Table of Contents Abstract: 3 Facts: 4 Issues: 4 Laws: 5 Arguments: 5 Reasoning: 9 Conclusion: 9 Bibliography: 10
Abstract:
The legislations, which take care of rights and privileges of women, are numerous in number. But due to ignorance and illiteracy those legislations cannot be properly enforced. The plethora of Indian Legislations aims 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 regularized and, therefore, they were not entitled to any maternity leave.
Their case was espoused by the Delhi Municipal Workers Union .It was to be decided whether the female workers working on Muster Roll should be given any maternity 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
Bibliography: * Sections 2, 3(b), (c), (h), (o) and (n), 5, 6, 8 to 12, 21, 23 and 27 of Maternity Benefit Act, 1961 * Constitution of India- Preamble, Articles 14, 15,(3), 38, 39, 42 and 43 * Yusuf Abdul Aziz v. State of Bombay, AIR (1954) SC 321[1954] SCR 930 * Messrs Crown Aluminium Works v [ 3 ]. Hindustan Antibiotics Ltd v. Workmen, AIR (1967) SC 948[1967] 1 SCR 652 [ 4 ]