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2025 Supreme(Online)(Ker) 55547
IN THE HIGH COURT OF KERALA
DINESH KUMAR SINGH, J
Edwina Benny v. Union of India Rep. by it's Secretary
Writ Petitions
For the Appellants/Petitioners:
For the Respondents: NLSA
The court dismisses writ petitions as infructuous due to the prior extension of maternity benefits under the Maternity Benefit Act, 1961.
Headnote:The case discusses the applicability of the Maternity Benefit Act, 1961 to the Assistant Legal Aid Defense Counsel under the LADCS. The court notes that the NLSA has already extended the maternity benefits to these counsels, rendering the writ petitions unnecessary. Consequently, the petitions are dismissed as infructuous.
| Table of Content |
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| 1. eligibility for maternity benefits under ladcs. (Para 1) |
| 2. extension of maternity benefits communicated by nlsa. (Para 2 , 3) |
1. These two Writ Petitions have been filed by the petitioners who are working as the Assistant Legal Aid Defense Counsel under the Legal Aid Defense Counsel System (LADCS), praying therein to extend the maternity benefit to the petitioners as provided under the Maternity Benefit Act, 1961 .
2. The learned counsel for the National Legal Service Authority (NLSA) has produced the communication dated 21/01/2025 passed by the NLSA whereby the maternity benefits under the Maternity Benefits Act, 1961 had been made applicable to the Legal Defense Counsel engaged by the District Legal Services Authority.
3. Paragraph 4 of the said communication dated 21/01/2025 reads as under:
"a. Once an applicant has fulfilled the entitlement criteria specified in S.5(2) of the Maternity Benefit Act, 1961 , she would be eligible for full maternity benefits, even if such benefits exceed the duration of her contract.
b. In the event that a lawyer appointed under the LADCS Scheme is availing leave under the Maternity Benefit Act, 1961 or any other law, rule or regulation in force, the Chairman of the concerned DLSA may engage a lawyer, on short - term contract basis, only for the period of leave so granted, to discharge the duties of the person who is on leave for that period."
