Terminated After Pregnancy Announcement: Can They Do This? Seeking Legal Advice

Termination Due to Pregnancy: Seeking Legal Advice

I need your advice on this matter. This is to inform you that I joined an organization on 12th September 2014 in the Training and Merchandising department. On 28th November, I found out that I am pregnant. I immediately informed the HR and senior management. After that, I noticed a change in their behavior, but I didn't say anything. On 7th January, I took my pending comp off and received a call from HR informing me that I have been terminated due to false information provided by me. I was in complete shock, and despite my attempts to reach out to them, all my efforts were in vain.

Now, I want to file a case against this company because how can they terminate me without discussing the matter with me and on what basis? Can they terminate me just because I am pregnant? I believe this is against the law. Please suggest what legal actions I can take in this regard.

Thanks & Regards,
Arohi Tiwari

What has happened to you is quite unfortunate. However, in the recent past, there was a voluminous discussion on a similar issue. The link to the thread is as below:

https://www.citehr.com/515651-forced...pregnancy.html

Please go through all the comments on that thread. Identify what is applicable to you, and then come back with your action plan. Some seniors will provide you with further suggestions.

Thanks,

Dinesh Divekar

Thank you for your response. I really appreciate this. I will file a 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 and will surely get justice.

Have you received any communication regarding the termination of your services on the grounds stated by you? You can raise a demand to your employer to reinstate you, as your services have been terminated without following proper procedures as laid down under the Employees Standing Order Act. Also, make sure to endorse a copy of this demand notice to the Labour Commissioner (conciliation) if you are in Mumbai or to the Deputy Labour Commissioner of the area where your employer is situated.

Taking this step will initiate legal action against your employer. In the meantime, you can also consult with a Labour Advocate.

It is illegal to terminate the services of an employee for reasons related to pregnancy; however, if the employer has provided a reason other than the true one, it is against the law. In fact, there is the "Maternity Benefit Act" enacted to provide certain benefits to women employees. Under this act, the employer may deny benefits for not completing the required days of service (if I am not mistaken, it should be 80 days prior to delivery) but does not have the authority to terminate the services of a female employee.

I had verbally informed HR and senior management as soon as I learned about my pregnancy in the first week of December '14. On 7th January 2015, I received a call from HR saying, "We think that you were pregnant from the time of joining and you hid this information from us." I explained to them to check my medical reports (which I had already submitted). According to that report, my pregnancy was only 20 days on 13th December 2014. I had joined the organization on 12th September 2014. She then said, "Ok, let me talk to senior management once again." Later that day, I received a termination email stating that "I have been terminated on the grounds of false information provided by me." I replied, asking which information provided by me was false or wrong, but I did not receive any response. The termination lacked clarity about the alleged false information. I tried calling them multiple times, but to no avail. I also attempted to reach out to senior managers, but have not received a response yet. Additionally, I would like to mention that from the moment they found out about my pregnancy, they started troubling me, asking me to stay for longer hours. Despite informing them of my pregnancy, I did not request any extra benefits or leave as I was completely normal and able to work properly.

Steps to Initiate Legal Action Against Your Employer

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

Fortunately, you received a termination email for submitting false information. Preserve this email and have a hard copy of it. You should also attach a copy of this email when you raise an industrial dispute with the Commissioner of Labour. However, it seems from your thread that they have not given you an opportunity to be heard, which clearly shows that your employer violated the rules of natural justice. On this ground, your chances of reinstatement are high.

Filing a Petition in Maharashtra

You have not mentioned in your thread the location of your employer. If you are from Maharashtra state, you can file a petition under the MRTU & PULP Act without any reference from the Government. This is for accusing your employer of Unfair Labour Practices and unlawfully terminating your services. To do this, you should seek assistance from a good labour advocate.

Thank you, 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 a complaint in the UP labor court. Yes, for sure, this employer has done an extremely unethical act. They know that they are at fault, probably that's why they did not want to listen to me. I will definitely escalate this matter.

Regards

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

Illegal Termination on Grounds of False Allegation of Pregnancy

Termination on the grounds of a false allegation of pregnancy is illegal termination. Moreover, pregnancy itself is not a physical deficiency that gives any right to the employer to terminate on this ground. See Manju Meenaria v. State of Rajasthan, decided in 2005 by the Rajasthan High Court, while relying upon the Apex Court decision in Air India v. Nargesh.

The remedy in your case will not lie before the High Court but under Section 19 of the UP Shops and Establishment Act. Approach the authorities under the said Act, or before the Industrial Disputes Act if you are covered under the definition of a workman based on the nature of your duties you performed. Seek to set aside the termination order and claim maternity benefits along with back wages.

Thanks,
Sushil