Wrongful Termination During Pregnancy: How Long Does a Labor Office Case Take?

In case of wrongful termination during pregnancy, if we lodge a complaint against the employer via the labor office (not through a paid lawyer), how long does it take to get the final verdict. I am 4 months pregnant and hence wondering if there is any obligation from the labor office end to finish the case within the stipulated time or does it take years and years.

Dear Ashscorpio,

If you file a complaint against your employer for the denial of maternity leave, then it should be settled within a month's time. For the Labour Officer (LO), this is a small matter. Generally, their hands are full of big issues like strikes, lockouts, accidents at the workplace, etc. An average LO might just give a telephone call to the employer and ask directly about the denial of maternity leave. It may not even need a hearing from both sides.

Thanks,
Dinesh Divekar

In continuation of the above reply of our learned friend Mr. Dinesh, I wish to add that the complaint intended to be made to the Labor Officer against the wrongful termination of the employee during her pregnancy is probably an industrial dispute under section 2-A(1) of the Industrial Disputes Act, 1947. In such a case, as per section 2-A(2) of the Act, if the Labor Officer fails to dispose of the dispute expeditiously after the expiry of 3 months from the date of raising the dispute, the workman can directly make an application to the Labor Court for adjudication. As per section 2-A(3), any such application for adjudication should be made before the expiry of 3 years from the date of termination of employment.

Please let me know if you need any further clarification or assistance on this matter.

Best regards, [Your Name]

I believe the Labour tribunal is appropriate as there will be an examination and cross-examination to prove her wrongful termination, and the employer will definitely rebut any allegations.