Forceful resignation during illness - diagnosed with TB after maternity leave

ca-neha-sharma
I had completed by maternity leave, but in last month of leave I was diagnosed from TB. I informed to my HR and management with all the report from AIIMS. Doctor suggestions for bed rest. Company sent a mail stating that join in 2 days ,else they will terminate my services. Continuous they keep on calling either join or resign. Due to tremendous metal pressure , I finally resign.
As I resigned they ended my services on the same day, without giving the pay for notice period.
Please suggest what action can I take against the company/HR
shobhit-kumar-mittal
If your nature of duties were of the nature of 'workman' as the term is defined in section 2(z) of U.P. I.D. Act (if company is in Noida) or u/s 2(s) if Delhi, then you can challenge the termination before Conciliation Officer.
ca-neha-sharma
Thanks for your advice.My company is in Delhi, and working as Assistant Manager Financial.
Let me describe my problem in detail:
My maternity leave was going to end on 26 December, but on 08 December (due to continuous illness) I was diagnosed with Tuberculosis. I had informed my HR and management about my illness with all the documents from DOT center. I had 28 EL with me. I used them in month of January. I was updating my HR and management about my illness with proper documentation and medical report. Doctor also suggested for bed rest upto feb 15 2020.
But on 29th January in the middle of my earned leaves, HR mailed me to join by 31 January 2020 or they will start my sepration ie termination of my services. They continues called me and forcing me either to join or put my resignation.
They also told me under maternity act 2017 they have right to terminate me and black me.
Finally I resigned. They accept my resignation and didnt pay anything for 90 days notice.
What can I do .. please guide.
Your Friend
Firstly, company can't force you to resign, since you was on Maternity leave.
Secondly about payment, please check your company policies, if policy state that payment will be done in lieu of notice period then you can demand for it.
Sonia.Kapoor
As per my opinion, if you have resigned ( even after the company has pressurized), you cannot demand the notice pay as it is you, who has resigned. If company has terminated your services only in that case you can demand for notice pay. Please check your Appointment letter clause for better understanding.
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