I was sacked when on maternity leave in a private company

[pooja]

I was on maternity leave. During Maternity leave I was transferred to Ganjsoda district vidisha and relieved. I received this relieving letter through post. I wanted to that can any body be transferred and relieved during maternity leave.

[admin]

It is illegal to dismiss you during maternity leave (plus 1 month of sick leave related to maternity).
Please appeal your company by sending a registered letter mentioning following rules. Also contact your labour commissioner who is the right person to handle this case.
Also make 1 month sick leave certificate due to maternity related reason which should be in continuation of 12 week maternity leave.

You can provide us the labour commissioner and your employer details and we can also take it up, if you don't get justice.


Please read below:

Quote:12. Dismissal during absence of pregnancy.—(1) When a woman absents
herself from work in accordance with the provisions of this Act, it shall be
unlawful for her employer to discharge or dismiss her during or on account of
such absence or to give notice of discharge or dismissal on such a day that
the notice will expire during such absence, or to vary to her disadvantage any
of the conditions of her service.
(2)(a)The discharge or dismissal of a woman at any time during her pregnancy, if
the woman but for such discharge or dismissal would have been entitled to
maternity benefit or medical bonus referred to in section 8, shall not have the
effect of depriving her of the maternity benefit or medical bonus:
Provided that where the dismissal is for any prescribed gross misconduct, the
employer may, by order in writing communicated to the woman, deprive her
of the maternity benefit or medical bonus or both.
2[(b) Any woman deprived of maternity benefit or medical bonus, or both, or
discharged or dismissed during or on account of her absence from work in
accordance with the provisions of this Act, may, within sixty days from the
date on which order of such deprivation or discharge or dismissal is
communicated to her, appeal to such authority as may be prescribed, and the
decision of that authority on such appeal, whether the woman should or
should not be deprived of maternity benefit or medical bonus, or both, or
discharged or dismissed shall be final.]

Your employer is clearly eligible for imprisonment:

Quote:1[21. Penalty for contravention of Act by employer.—(1) If any employer fails to pay any amount of maternity benefit to a woman entitled under this Act or discharges or dismisses such woman during or on account of her absence from work in accordance with the provisions of this Act, he shall be punishable with imprisonment which shall not be less than three months but which may extend to one year and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees:
Provided that the court may, for sufficient reasons to be recorded in writing, impose a sentence of imprisonment for a lesser term or fine only in lieu of imprisonment.
(2) If any employer contravenes the provisions of this Act or the rules made thereunder, he shall, if no other penalty is elsewhere provided by or under this Act for such contravention, be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both:
Provided that where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the court shall, in addition, recover such maternity benefit or amount as if it were a fine and pay the same to the person entitled thereto.)

[admin]

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