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Does the new law on Maternity benefit has retrospective effect
06-Apr-2023 (In Family Law)
I am working as a Business Analyst in an IT company. I am new mother and my child was born on 21st December, 2016 (just 3 months back).When I asked my employer for the new maternity leave policy, they said that it is effective for those who take maternity leave from 1st April.I believe it is a complete flaw in the policy as new mothers who are under 26 weeks of maternity leave and just like me who are feeding infants under 6 months should automatically get covered under it.Please do something about it. Please respond at the earliest.
Till now there is no clarity whether new Amendment Act will have a Retrospective effect or not from Ministry of Labour. General rule of the law is that 'A new law ought to be prospective, not retrospective in its operation.' Best recourse to your issue is not legal but social. Try contacting concerned minister through Twitter or other Social Media platform or go with the old-fashioned way and write a letter requesting them to issue a clarification; I heard she is a very approachable leader.
I am afraid to say that without clarification from the ministry we will have to assume that the new law does not have a Retrospective effect. It will be futile to move to court as it is a Policy issue and Court doesn't have jurisdiction to decide Policy matters.
I am afraid to say that without clarification from the ministry we will have to assume that the new law does not have a Retrospective effect. It will be futile to move to court as it is a Policy issue and Court doesn't have jurisdiction to decide Policy matters.
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Adv. Shubham Gupta
Faridabad | 25+ Answers
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mam they are right the new law will be effective after 1st of april. the only remedy you have is to move a writ petition against the company and the state government it self to get the relief you want in the High Court
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Adv. Akhil Bhasin
Kurukshetra | 25+ Answers
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