Transfer during pregnancy
10 months ago
My husband and I working with a PSU bank. My husband transferred to another state which about 1700 km from present posted place and i am pregnant with 23 weeks. Earlier we had gone through a miscarriage therefore doctor asked for special take care.
Our family also cannot be with me as they are also working . My husband and I live alone here.
If husband join to transferred place then ill have to live alone here. And for me shifted to new place is not easy in this situation.
We requested our HR dept , but they consider it as any medical cause to change the posting order.
Is there any legal way to get changed the transfer or to get the extension.r
If you make a strong medical case for your appeal and a medical board backs it up, the Bank's higher management may take notice and decide to consider your transfer, withhold it, or extend it at least for the duration of the maternity leave period allowed by the Maternity Benefit Act of 1961, taking into account the pregnancy's negative effects. If your appeal does not result in a resolution, you may approach the relevant Labour Commissioner to request their action in the situation including negative impacts on an employee's health and hygiene.
At the outset, it is to inform that Transfer, replacement etc is the normal incidence of service life and is dealt as a prerogative/policy of the management. Normally Court does not entertain or interfere in the subject until and unless an injustice or malpractice happened in violation of natural justice appears on the face of the record. An appeal on behalf of you based on strong medical grounds supported by the opinion of a medical board may draw the attention of the higher management of the Bank for consideration of your transfer or to withhold or extend your transfer or replacement at least for the maternity leave period available under the Maternity Benefit Act, 1961 considering the adverse effect on the pregnancy. In case your appeal fails to sort out any remedy, you may approach the concerned Labour Commissioner seeking their intervention into the matter that involves adverse effects on the health and hygiene of an employee.
A.Dear Sir/Madam,
Please approach the following authority or similar authority in a state
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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