Lawfully yours: By Retd Justice K Chandru
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court. Do you have a question? Email us at citizen.dtnext@dt.co.in
Pvt employers can’t fix 2-child norm to grant leave benefits
Can’t Child Care Leave (CCL) or maternity benefit be availed in case of third delivery by employees in the private sector in Tamil Nadu? I had availed leave during the first two childbirths while I was working in another state. Unfortunately, I lost the second child due to post-delivery complications. I am in the sixth month of pregnancy, and this is the first claim I am making with my present company. My company is not willing to consent to my claim though it had earlier orally agreed to the same.
— Prasanna Karthik, Vyasarpadi
Under the Maternity Benefit Act 1961, no ceiling for maternity leave is fixed. Child care leave is a right that contractual state employees also have in the form of statutory rules. I had given a decision to the effect that in the case of private employers, there is no power to fix the two-child norm to grant leave benefits. [“There is no provision under the MB Act fixing any ceiling on the number of deliveries made by a female worker. So long as Article 42 of the Constitution read with the provisions of the MB Act is available, every female worker covered by the Act is entitled to claim maternity benefits without any ceiling on the number of deliveries made by them. (See: N Mohammed Mohideen vs The Deputy Commissioner of Labour)].
Better wind up LLP if partners not interested
We own a private limited company registered under the Companies Act 1962. We are the only two directors. The other person has stopped showing any interest in developing the business. There’s no misunderstanding over finances or other company-related matters. He is in Kolkata and is mostly inaccessible over the phone or email, making it difficult to communicate or develop the business. Both of us well know the company’s financial position. Because of these circumstances, I do not know how to move forward. Kindly advise how to save the company without any legal complications.
— Palanisamy (email)
There is no way out in the case of LLPs if one of the two directors is not showing any interest in its development. The only way out is to wind up your company and go for a new one with persons who will show interest in the business.
