JUDGMENT

JASWANT SINGH, J. :— This appeal by special leave which is directed against the judgment and order dated April 24, 1974 of the Letters Patent Bench of the High Court of Judicature at Madras reversing the judgment and order dated April 19, 1971 of the Singe Judge of that Court passed in writ petition No. 3822 of 1969 presented under Art. 226 of the Constitution raises a complex but an interesting question relating to the construction of the phrase "maternity benefit ... ... ... ... ... ... for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day" occurring in S. 5 (1) of the Maternity Benefits Act, 1961 (Act LIII of 1961) (hereinafter referred to as the Act) which in view of S. 2 (1) of the Act is the law applicable even to women workers employed in plantations.

2. It appears that in October, 1967, Subbammal, respondent No. 2 herein, who is woman worker employed in Mount Stuart Estate (hereinafter referred to as the establishment), which is carrying on plantation industry, was allowed leave of absence by the establishment on the basis of a notice given by her of her expected delivery