Terminated from govt aided company metro
4 months ago
After joining to the organisation worked for nearly about 50days then I applied for maternity leave to the HR but I didn't recieved any acknowledgement copy or leave sanctioned copy. I also not followed up on recieving acknowledgement or sanction copy because I was fresher to the organisation and no such trainings also given like administration or HR process for taking leave. So directly I asked HR, they said write a leave letter and submit. So I submitted letter with Medical records of doctor advice "Bed rest throughout the pregnancy".
After a month HR asked to send a mail to DGM of HR dept regarding maternity leave. So I sent a mail to him with Medical records.
Again after 4months recieved notice with subject "absence without intimation or permission". So again responding to this memo I visited office and discussed with HR again I submitted the letter with mentioning please approve maternity leave and earlier I was not intimated to you which forcefully written as HR forced to write like this with Medical records but not taken any acknowledgement letter because I am fresher and not aware about the process.
After 20days I recieved termination notice as you were failed to report the duty on this date so we are considering this as a termination notice. In responding to this memo again I visited office. as per HR guidance again I written a letter and attached all medical documents and asked to approve the leave. Then I took acknowledgement also.
Please suggest what I can do now to get the job back.
A.Dear Sir
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.]
A woman must have worked for her employer for at least 80 days in the 12 months before the date of her anticipated birth, according to the Maternity Benefit Act of 1961. As you have worked only for 50 days in the organisation the employer is not liable to give the maternity benefits to you. But, on the other hand, the same is required to be communicated to you.
As there was no proper communication from the side of the employer it can be termed under arbitrary acts and the complaint for the same can be filed to the labour commissioner.
Thank You
As per the Maternity Benefit Act, 1961, an employee is entitled to maternity leave with full pay on completion of at least 80 days of work in an establishment in the 12 months prior to her expected date of delivery. So, when you did not render 80 days of work before applying for maternity leave, then as per the eligibility criteria prescribed under the Act, you are not eligible for maternity leave. Treating your absence unauthorized, the company has terminated your service. You can raise an industrial dispute over alleged termination under Sec.2A of the Industrial Dispute Act, 1947 before the Labour Court praying for reinstatement with back wages. Reach out to an Advocate for guidance and steps.
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