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Section 72: Power of appropriate Government to appoint Authorities

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 71 All 163 Sections of Code on Social Security, 2020 Section 73

Legal Commentary & Landmark Judgments: Section 72

Section 72 of the Code empowers the appropriate Government to appoint Competent Authorities to hear appeals and adjudicate disputes concerning the withholding or denial of maternity benefits under Chapter VI.

  • Specialized Appellate Authority Architecture: Authorizes the Government to appoint senior labor commissioners as Competent Authorities to hear appeals against employer forfeiture or denial orders.
  • Thirty-Day Statutory Appeal Limitation: Requires any female employee aggrieved by an employer's decision regarding maternity pay to prefer an appeal within thirty days of the communication of the order.
  • Summary Quasi-Judicial Adjudication Powers: Empowers the Competent Authority to examine witnesses, award back benefits, and impose statutory interest on delayed payments.
Key Landmark Precedents:
  • Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2000) 3 SCC 224: Supreme Court affirmed that specialized statutory authorities under maternity legislation must act expeditiously to protect maternal and child health.
  • B. Shah v. Presiding Officer, Labour Court (1977) 4 SCC 384: Affirmed that decisions of statutory maternity authorities are subject to supervisory review by High Courts under Article 226.
  • Siemens Engineering & Manufacturing Co. v. Union of India (1976) 2 SCC 981: Affirmed that quasi-judicial appellate authorities must record speaking reasons for all benefit determinations.
Courtroom Practice & Strategic Litigation Guidance:

If an employer's defense against a maternity claim is based on non-completion of eighty days of work, file certified biometric attendance logs and payroll registers before the Competent Authority to prove the exact number of days worked.

Section 71 All 163 Sections of Code on Social Security, 2020 Section 73