IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 21^ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946 WP(C) NO. 1873 OF 2020 PETITIONER: VIJILA R.S.

AGED 27 YEARS W/O.SURESHKUMAR.R., STAFF NURSE NIMS HOSPITAL (NOW UNDER TERMINATION), ARALUMOODU, RESIDING AT VELAMTHATTU PUTHANVEEDU, NEYYATTINKARA.

BY ADVS.

C.S.AJITH PRAKASH SRI.T.K.DEVARAJAN SMT.T.N.SREEKALA SRI.FRANKLIN ARACKAL SRI.PAUL C THOMAS SRI.M.B.SOORI SRI.JAISON JOSEPH(KOOTHATTUKULAM)

SHRI.BABU M. RESPONDENTS:

1 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, THIRUVANANTHAPURAM-695 043.

2 THE DEPUTY THAHASILDAR (RR), OFFICE OF THE DEPUTY THAHASILDAR (RR), THIRUVANANTHAPURAM DISTRICT, THIRUVANANTHAPURAM-695

043.

3 THE DISTRICT LABOUR OFFICER, OFFICE OF THE DISTRICT LABOUR OFFICER, THOZHIL BHAVAN, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033.

4 THE ASSISTANT LABOUR OFFICER AND INSPECTOR, UNDER THE MATERNITY BENEFIT ACT, 1961, OFFICE OF THE ASSISTANT LABOUR OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT-695 121.

5 M.S.FAIZAL KHAN, THE MANAGING DIRECTOR, NIMS MEDICITY, ARALUMMOODU, NEYYATTINKARA P.O., PIN-695 121.

6 THE MANAGER (HR), NIMS MEDICITY, ARALUMMOODU, NEYYATTINKARA P.O., PIN-695 121.

BY ADVS.

GOVERNMENT PLEADER SRI.JUSTIN JACOB.

SRI.P.RAMAKRISHNAN SMT.PREETHI RAMAKRISHNAN (P-212)

SRI.PRATAP ABRAHAM VARGHESE SMT.ASHA K.SHENOY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.04.2024,ALONG WITH WP(C)15131/2020, THE COURT ON

21.05.2024 DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 21^ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946 WP(C) NO. 15131 OF 2020 PETITIONER/S:

THE MANAGING DIRECTOR, NIMS MEDICITY ARALUMMOODU, NEYYATTINKARA, THIRUVANANTHAPURAM-

695123.

BY ADVS.

P.RAMAKRISHNAN SMT.PREETHI RAMAKRISHNAN (P-212)

SRI.T.C.KRISHNA SRI.C.ANILKUMAR (KALLESSERIL)

SMT.ASHA K.SHENOY SRI.PRATAP ABRAHAM VARGHESE RESPONDENTS:

1 THE ASSISTANT LABOUR OFFICER AND INSPECTOR UNDER THE MATERNITY BENEFIT ACT 1961 OFFICE OF THE ASST. LABOUR OFFICER, NEYYATTINKARA-695123.

2 THE DEPUTY LABOUR COMMISSIONER AND SECRETARY, STATE ADVISORY LABOUR BOARD, THIRUVANANTHAPURAM-

695001.

3 VIJILA R.S., W/O.SURESH KUMAR, VELAMTHATTU PUTHENVEEDU, ARALUMMOODU, NEYYATTINKARA-695123.

BY ADVS.

GOVERNMENT PLEADER SRI. JUSTIN JACOB.

SRI.C.S.AJITH PRAKASH SRI.T.K.DEVARAJAN SMT.T.N.SREEKALA SRI.FRANKLIN ARACKAL SHRI.BABU M.

SMT.ANCY THANKACHAN SHRI.NIDHIN RAJ VETTIKKADAN SRI.HAARIS MOOSA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.04.2024 ALONG WITH WP(C).1873/2020, THE COURT ON

21.05.2024 DELIVERED THE FOLLOWING:

JUDGMENT

Since common issues arise for consideration in these writ petitions, they are disposed of by this common judgment. The status of the parties and the documents produced will be as obtaining in W.P.

(C) No.15131 of 2020, unless specifically mentioned.

2. The petitioner is the Managing Director of a Multi Specialty Hospital at Neyyattinkara. The Hospital is covered under the provisions of the Employees' State Insurance Act, 1948 (for short, 'ESI Act'). The 3^rd respondent was appointed as a Staff Nurse in the Hospital with effect from 01.03.2015. While so, the 3^rd respondent was sanctioned leave in view of her pregnancy, from 25.11.2018. According to the Hospital management, she informed them that she is not interested to continue in service due to personal reasons and on account of the tender age of her child.

3. The 3^rd respondent, thereafter, submitted a complaint before the 1^st respondent, the Assistant Labour Officer and the Inspector, under the Maternity Benefit Act, 1961 stating that she has been denied maternity benefits and is not permitted to rejoin duty on 26.05.2019. Based on the said complaint, the 1^st respondent carried out an inspection at the petitioner's Hospital on 13.08.2019 and on the same day, issued Ext.P2 order directing the petitioner to pay Rs.1,21,800/- as maternity benefit for the period from 16.11.2018 to 15.05.2019.