Delhi High Court in Delhi State Legal Services Authority vs. Annwesha Deb (23.04.2024 – DELHC) : MANU/DE/2951/2024, examined an issue as to whether the appointment of the female individual, as a panel lawyer by the Delhi State Legal Services Authority, can be held as an “employment for wages”, for the said individual to claim benefits under the Maternity Benefit Act, 1961 (“Maternity Benefit Act“). The Court on April 23, 2024 while dissecting the definitions of ’employer,’ ‘woman,’ and ‘wages’ as outlined in the Maternity Benefit Act, emphasized the necessity of an employer-employee relationship and further affirmed that the benefits conferred by the Maternity Benefit Act are specifically intended for women employed within an establishment under the direct control of the employer responsible for her wages. The Court emphasized the fact that the individual lawyer was getting an ‘honorarium’ for her services which is quite distinct from wages typically provided to employees for their regular work.
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