Case: B. Shah Vs. Presiding Officer, Labour Court, Coimbatore &amp; Ors

arrive at the average daily wage. After thus finding out the average daily wage, the liability of the employer in respect of the maternity benefit has to be calculated in terms of S.5 of the Act for both pre-natal and post-natal period indicated above.13. The real though difficult question that calls for determination by us is as to what is the connotation of the term "week" occurring in the sub-ss.(1) and (3) of S.5 of the Act and whether the computation of the maternity benefit prescribed by the Act for the aforesaid two periods has to be made taking a "week" as signifying a cycle of seven days including a Sunday or a cycle of seven days minus a Sunday which is said to be a wageless day. As the Act does not contain any definition of the word "week" it has to be understood in its ordinary dictionary sense.14. In the Shorter Oxford English Dictionary (Third Edition), the word "week" has been described as meaning the cycle of seven days, recognized in the calendar of the Jews and thence adopted in the calendars of Christian, Mohammedan and various other peoples. A space of seven days, irrespective of the time from which it is reckoned. Seven days as a term for periodical payments (of wages, rent, or the like) or as a unit of reckoning for time of work or service".15. In Websters New World Dictionary (1962 Edition) the meaning of the word "week" is given as a "period of seven days, especially one beginning with Sunday and ending with Saturday; the hours or days of work in a seven-day period."16. In Strouds Judicial Dictionary (Third Edition) it is stated that (1) though a week usually means any consecutive seven days, it will sometimes be interpreted to mean the ordinary notion of a week reckoning from Sunday to Sunday and (2) probably, a week usually means seven clear days.17. A "week" according to Halsburys Laws of England (Third Edition) Volume 37 at p. 84 is strictly the time between midnight on Saturday and the same hour on the next succeeding Saturday, but the term is also applied to any period of seven successive days.18. Bearing in mind the above mentioned dictionary or popular meaning of the term "week", we think that in the context of sub-ss.(1) and (3) of S.5 of the Act, the term week has to be taken to signify a cycle of seven days including Sundays. The language in which the aforesaid sub-sections are couched also shows that the Legislature intended that computation of maternity benefit is to be made for the entire period of the woman workers actual absence, i.e., for all the days including Sundays which may be wageless holidays falling within that period and not only for intermittent periods of six days thereby excluding Sundays falling within that period for if it were not so the Legislature instead of using the words "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" would have used the words "for the working days falling within that period of her actual absence immediately preceding and including the day of her delivery and the six weeks immediately following that day but excluding the wageless days." Again the word "period" occurring in S.5(1) of the Act is a strong word. It seems to emphasize, in our judgment, the continuous running of time and recurrence of the cycle of seven days. It has also to be borne in mind in this connection that in interpreting provisions of beneficial pieces of legislation like the one in hand which is intended to achieve the object of doing social justice to women workers employed in the plantations and which squarely falls within the purview of Art. 42 of the Constitution, the beneficent rule of construction which would enable the woman worker not only to subsist but also to make up her dissipated energy, nurse her child, preserve her efficiency as a worker and maintain the level of her previous efficiency and output has to be adopted by the Court.19. The interpretation placed by us on the phraseology of sub-ss.(1) and (3) of S.5 of the Act appears to us to be in conformity not only with the legislative intendment but also with paragraphs 1 and 2 of Art. 4 of Convention No. 103 concerning Maternity Protection Convention (Revised), 1952 adopted by the General Conference of the International Labour Organisation which are extracted below for facility of reference :"Article 4 :(1) While absent from work on maternity leave in accordance with the provisions of Art. 3, the woman shall be entitled to receive cash and medical benefits.(2) The rates of cash benefits shall be fixed by national laws or regulations so as to ensure to benefit sufficient for the full and healthy maintenance of herself and her child in accordance with a suitable standard of living."20. Thus we are of opinion that computation of maternity benefit has to be made for all the days including Sundays and rest days which maybe wageless holidays comprised in the actual period of absence of the woman intending upto six weeks preceding and excluding the day of delivery as also for all the days falling within the six weeks immediately following the day of delivery thereby ensuring that the woman worker gets for the said period not only the amount equalling 100 per cent of the wages which she was previously earning in terms of S.3(n) of the Act but also the benefit of the wages for all the Sundays and rest days falling within the aforesaid two periods which would ultimately be conducive to the interest of both the woman worker and her employer.21. In view of what we have stated above, we cannot uphold the view of the law expressed by the Full Bench of Kerala High Court in Malayalam Plantations Ltd., Cochin v. Inspector of Plantations, Mundakayam and others (supra).

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]12. The provisions of S.5 of the Act quoted above make it clear that a woman worker who expects a child is entitled to maternity benefits for a maximum period of twelve weeks which is split up into two periods, viz., pre-natal and post-natal. The first one, i.e., pre-natal or ante-natal period is limited to the period of womans actual absence extending upto six weeks immediately preceding and including the day on which her delivery occurs and the second one which is post-natal compulsory period consists of six weeks immediately following the day of delivery. The benefit has to be calculated for the aforesaid two periods on the basis of the average daily wage. According to the explanation appended to S.5(1) of the Act, the average daily wage has to be computed taking into consideration the average of the womans wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, or one rupee a day, whichever is higher. For fixing the average daily wage, it has, therefore, first to be ascertained whether the wages which were paid or were payable to the woman was for "time work" or for "piece work". It has next to be ascertained as to what were the cash wages paid or payable to her in terms of the definition contained in S.3(n) of the Act for the days on which she worked during the period of three calendar months immediately preceding the date of delivery, reckoned according to the British calendar month. The total wages thus worked out are to be divided by the number of days in the aforesaid three calendar months in order to arrive at the average daily wage. After thus finding out the average daily wage, the liability of the employer in respect of the maternity benefit has to be calculated in terms of S.5 of the Act for both pre-natal and post-natal period indicated above.Bearing in mind the above mentioned dictionary or popular meaning of the term "week", we think that in the context of sub-ss.(1) and (3) of S.5 of the Act, the term week has to be taken to signify a cycle of seven days including Sundays. The language in which the aforesaid sub-sections are couched also shows that the Legislature intended that computation of maternity benefit is to be made for the entire period of the woman workers actual absence, i.e., for all the days including Sundays which may be wageless holidays falling within that period and not only for intermittent periods of six days thereby excluding Sundays falling within that period for if it were not so the Legislature instead of using the words "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" would have used the words "for the working days falling within that period of her actual absence immediately preceding and including the day of her delivery and the six weeks immediately following that day but excluding the wageless days." Again the word "period" occurring in S.5(1) of the Act is a strong word. It seems to emphasize, in our judgment, the continuous running of time and recurrence of the cycle of seven days. It has also to be borne in mind in this connection that in interpreting provisions of beneficial pieces of legislation like the one in hand which is intended to achieve the object of doing social justice to women workers employed in the plantations and which squarely falls within the purview of Art. 42 of the Constitution, the beneficent rule of construction which would enable the woman worker not only to subsist but also to make up her dissipated energy, nurse her child, preserve her efficiency as a worker and maintain the level of her previous efficiency and output has to be adopted by the Court.Thus we are of opinion that computation of maternity benefit has to be made for all the days including Sundays and rest days which maybe wageless holidays comprised in the actual period of absence of the woman intending upto six weeks preceding and excluding the day of delivery as also for all the days falling within the six weeks immediately following the day of delivery thereby ensuring that the woman worker gets for the said period not only the amount equalling 100 per cent of the wages which she was previously earning in terms of S.3(n) of the Act but also the benefit of the wages for all the Sundays and rest days falling within the aforesaid two periods which would ultimately be conducive to the interest of both the woman worker and her employer.21. In view of what we have stated above, we cannot uphold the view of the law expressed by the Full Bench of Kerala High Court in Malayalam Plantations Ltd., Cochin v. Inspector of Plantations, Mundakayam and others (supra).