Dinesh Divekar
Business Mentor, Consultant And Trainer
[email protected]
Consultant In Legal Matters
+2 Others

Dear Experts,
I need your advice on this matter . This is to inform you that I have joined one organisation on 12th Sep 2014 in Training and merchandising department . On 28th Nov , I got to know that I am pregnant , informed the same to the HR immediately and also to the senior management . After that I could feel the change in their behaviour but I didn't said anything . On 7th Jan I had taken my pending compoff and received a call from the HR saying that I have been terminated on the grounds of false information given by me . I was in complete shock nd I tried many times calling and approaching them but all was in vain . Now I want to file case against this company on this as how can they terminate me without even discussing the matter with me and that to be on what basis . Only because I am pregnant can they terminate me . I believe this is against any law . Please suggest what legal actions I can take in thus regard.
Thanks & Regards
Arohi Tiwari

From India, Kolkata
Dear Geshu,
What has happened with you is quite unfortunate. However, in the recent past there was voluminous discussion on the similar issue. The link of the thread is as below:
https://www.citehr.com/515651-forced...pregnancy.html
Go through all the comments of that thread. Find out what is applicable to you and then come back with your action plan. Some senior will give you further suggestion.
Thanks,
Dinesh Divekar

From India, Bangalore
Thankyou for your response . I really appreciate this . I will file case against the employer as I know that they are completely wrong here and they need to know that they are not beyond the Indian Jurisdiction law . I have full faith in our system will surely get justice .
From India, Kolkata
Have you received any communication regarding termination of your services on the grounds stated by you?

You raise a demand to your employer to re-instate you as your services are terminated with out following proper procedure as laid down under the Employees Standing Order Act, Also endorse a copy of this demand notice to Labour Commissioner (conciliation) if you are in Mumbai or Dy. Labour Commissioner of the area in which your employer is situated.

This will commence a course of legal action against your employer. I n between you can also consult any Labour Advocate.

It is illegal to terminate the sevices of the employee for the reasons of pregnancy, howesoever, employer has given any other reason than the true one. In fact, there is "Maternity Benifit Act" enacted to given certain benefits to women employees. Under the sadi act the mployer may deny the benefits for not completing the required days of service (if Iam not mistaken it should be 80 days prior to delivery) but have no authority to terminate the services of the woman employee.

From India, Mumbai
Thankyou Mahesh Sir,

I had verbally informed the HR and senior management as soon as I got to know about my pregnancy in the first week of December '14. On 7th January 2015, I receive a call from HR saying that " we think that u are pregnant from the time of joining only and u have hide this information from us that time . I explained her that u check my medical reports ( which I have already submitted to you) . As per that report my pregnancy was only 20 days on 13th December 2014 . I have joined the organisation on 12th Sep 2014 . On which she said , ok Let me talk to senior mngmnt once again . And then the same day in the evening I receive a termination mail stating that " I have been terminated on the grounds of false information provided by me ". I replied to her asking which information provided by me is false or wrong on which I didn't get any response . The termination had no clarity about the false information . I even tried calling them many times but all in vain . I called senior managers too but no response till now . Also I would like to mention that from the day they got to know that I am pregnant, they started troubling me ,asked me to stay for longer hours . Though even declaring my pregnancy to them I didn't even ask any extra benifits or leave from them as I was completely normal and able to work properly .

From India, Kolkata
I have already suggested steps to initiate legal action against your employer. To entertain your case under the Industrial Dispute Act, Labour/Industrial court will need a reference from the Government (i.e Labour Department), then only the court will consider your petition.

Fortunately, you received a terminating mail for submitting false information. Preserve this mail, also have a hard copy of it. You should also attach a copy of his mail when you rais and industrial dispute to Commissioner of Labour. However, it seems from your thread that they hve not given you an opprtunity and heard of you which clearly shown that your employer violated the rules of natural justice. On this ground you getting re-instatement be cent percen.

You have not mentioned in your thread in which part of the country, your employer situated. If you are from Maharashtra state, then you can make a pition under the MRTU & PULP Act with out any reference from the Government, for indulging your employer in Unfair Labour Practices and also terminating your services lilegally. For this, you should approach a good labour advocate.

From India, Mumbai
Thankyou Sir for your advice .
I live in New Delhi and the place I was working is situated in Noida . So I think I have to file complain in the UP labour court . Yes for sure this employer has done extremely unethical act . They know that they are at fault , probably that's y they did not want to listen me . I will definetly escalate this matter .
Regards

From India, Kolkata
Dear Experts,
I need your advice here . I have sent the legal notice to the organisation through my lawyer and that has the time limit of 1 month . But they haven't given any reply on that too . It's been more than 40 days . So what should I do now . My lawyer is saying that I need to file a case in highcourt which will cost me 25-28 K as high court fee . Should I go ahead with this . ? Please suggest or is there any other way to proceed in this regard . As it is getting delayed now .

From India, Kolkata
Termination on ground of false allegation of pregnancy is illegal termination. Moreover pregnancy itself is not a physical deficiency which gives any right to employer to terminate on this ground. See Manju Meenaria v State of Rajasthan decided in 2005 by Rajasthan High Court while relying upon Apex court decision in Air India v Nargesh. The remedy in your will not lie before HC but under section 19 of UP shops and establishment Act. Approach the authorities under the said Act, or before ID Act if you are covered under the definition of workman based on nature of your duties you performed. Seek for setting aside termination order and for maternity benefits besides back wages.
Thanks
Sushil

From India, New Delhi
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