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2023 Supreme(HP) 505

VIVEK SINGH THAKUR
Secretary, Managing Committee of Loreto Convent Tara Hall School – Appellant
Versus
Sharu Gupta – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. K.D. Sood, Sr. Advocate with Mr.Het Ram Thakur, Advocate.
For the Respondent:Ms.Uma Manta, Advocate, Mr. Anup Rattan, Advocate General with Mr. Rajesh Mandhotra, Additional Advocate General.

JUDGMENT :

Vivek Singh Thakur, J.

Petitioners have approached this Court, invoking provisions of Article 226 of Constitution of India, for setting aside the order dated 14th September, 2020 (Annexure P-6) passed by the Labour Commissioner-cum-Chief Inspector of Factories-cum-Appellate Authority, under Maternity Benefit Act 1961, in appeal No. L-L&E (MB) Appeal-2019 titled Secretary Managing Committee of Loreto Convent Tara Hall School and another vs. Sharu Gupta and another, whereby order dated 16.10.2019 (Annexure P-3) passed by Labour Inspector Circle-1 Shimla (Authorized Inspector under Maternity Benefits Act), in case No. L1/SML/C-1/Maternity Benefit Act, 1961 (Sharu Gupta)/19 titled Sharu Gupta vs. the Secretary Managing Committee of Loreto Convent School, has been affirmed with modification by granting additional payment of three months salary to the respondent/claimant as per provisions contained in Section 17(2)(a)(b) of the Act, over and above the relief granted by the Authorized Inspector directing the petitioner to pay Rs.2,45,592/- as maternity benefit and salary for the month of September 2019 to the complainant and also to take joining of Sharu Gupta (complainant) on th

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