TRANSFER DURING PREGNANCY MONTH
6 months ago
I am working in bank,(pune).I have given application for transfer on deputation to nearest branch as long distance traveling is not possible during pregnancy. I have attached medical certificate with it..its been five months still not getting transfer as it's affecting my pregnancy. I request our staff officer many times as they told me wait for few days as said passing five months. Now they told me take leave. Bank is not supporting pregnant women in this situation. i am helpless n facing traveling issue as it will affect my pregnancy.
A.Dear Sir,
You may approach the High Court if it is public sector bank otherwise you may approach the following authority.
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
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.]
As per the Maternity Benefit Act of 1961, the duration of maternity leave for both first and second-time mothers is 6 months or 26 weeks. This leave can be availed either before or within 6 months from the date of delivery of the child and the leave period may be extended in emergency conditions on the recommendation of the treating Doctor or the Medical Board of the Hospital. Once a woman employee applies for maternity leave, the Company is dutybound to approve her leave and disburse her all the monetary benefits available under the Act. When a pregnant woman applies for her posting in the nearest place expressing her apprehension over an adverse effect on the pregnancy, the management should consider her request considering the overall safety of the pregnant woman employee, otherwise for any mishap or miscarriage caused directly or indirectly out of strain and stress of long-distance journey, the bank may face legal consequences. So, when the Bank is not cooperating with you at the emergent situation, you may file a complaint before the concerned Labour Commissioner explaining your state of health that requires your posting or placement in the nearest branch for a temporary period to enable you to cope with the adverse situation.
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