MBA 23 — Cognizance of offences

Maternity Benefit Act, 1961

Statutory text

(1) Any aggrieved woman, an office-bearer of a trade union registered under the Trade Unions Act, 1926 (16 of 1926) of which such woman is a member or a voluntary organisation registered under the Societies Registration Act, 1860 (21 of 1860) or an Inspector, may file a complaint regarding the commission of an offence under this Act in any court of competent jurisdiction and no such complaint shall be filed after the expiry of one year from the date on which the offence is alleged to have been committed.

(2) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Act.] CASE LAW If any woman of a registered Trade union or of a registered voluntary organisation has been denied of any of the benefits of the Act, then she has the right to file a complaint in any court of competent jurisdiction. But this right is subject to applicability of the Act to that establishment under which she works; Thomas Eapen v. Assistant Labour Officer, 1993 LLR 800 (Ker).

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