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Section 62: Payment of maternity benefit in case of death of a woman

The Code on Social Security, 2020 (Act No. 36 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VI: Maternity Benefit
Competent Labour Forum
Act No. 36 of 2020
Section 61 All 163 Sections of Code on Social Security, 2020 Section 63

Legal Commentary & Landmark Judgments: Section 62

Section 62 of the Code regulates the payment of maternity benefit in the tragic event of the death of a woman during pregnancy, delivery, or the post-natal period, ensuring that unpaid benefits are disbursed to the child's guardian or legal heirs.

  • Survival of Maternity Benefit Claims: Guarantees that the right to receive maternity benefit does not abate upon the death of the mother during or following childbirth.
  • Disbursement to Child's Guardian or Nominee: Directs that where the woman dies leaving a surviving child, the employer must pay the full maternity benefit for the entire period to the person caring for the child; if the child dies, benefit is paid up to the date of death.
  • Payment to Legal Heirs in Fatal Miscarriage/Death: Requires unpaid benefits to be paid to the designated nominee or legal heirs if the woman dies during pregnancy without surviving issue.
Key Landmark Precedents:
  • Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2000) 3 SCC 224: Supreme Court emphasized that maternity benefits are social welfare guarantees designed to protect infant survival and family subsistence.
  • B. Shah v. Presiding Officer, Labour Court (1977) 4 SCC 384: Affirmed that the financial obligations of the employer to support the infant child survive the mother's demise.
  • Sarojini Devi v. Ashok Kumar (2019) SCC OnLine SC 1461: Affirmed that statutory retiral and welfare benefits due to a deceased employee pass directly to legal guardians for the welfare of minor surviving children.
Courtroom Practice & Strategic Litigation Guidance:

In the unfortunate event of a maternal fatality, HR must immediately identify the surviving infant's legal guardian (father or maternal grandparents) and disburse the remaining maternity wages and medical bonus directly into a dedicated bank account opened in the infant's name.

Section 61 All 163 Sections of Code on Social Security, 2020 Section 63