Terminated during pregnancy-not giving releiving letter

Dear Client,
The Maternity Benefit Act 1961 states that a woman employee can apply for Maternity leave if she has worked with the employer for 80 days in the last 12 months immediately preceding the date of her expected delivery. The Act is applicable to establishments employing TEN or more persons, except employees covered under the Employees State Insurance Act, 1948 which also requires ten or more employees for application of the Act. 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 expected date of delivery of the child. 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. It's illegal for employers to discriminate against a woman employee based on her pregnancy status affecting her maternity rights. So, in case a female employee meets the above-stated eligibility conditions and her application claiming maternity leave is rejected by the employer or terminates her service during her pregnancy or post-pregnancy without following the mandatory provisions of relevant law and once she litigates the matter before the competent authority i.e, the concerned office of the Labour Commissioner/ Inspector, Shops & Establishment, State Health & Family Welfare Deptt concerned by filing a complaint against the employer company for arbitrary denial of maternity leave or terminating the service during her pregnancy or post-pregnancy that amounted to unfair labour practice, the employer has to face criminal prosecution and other legal consequences from the concerned authorities. Further, be informed that termination or dismissal other than a disciplinary action for proven misconduct amounts to illegal termination/ retrenchment and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory provision of Sec.25F and 25N of the I D Act that prescribed certain conditions to comply with by the employer before termination/retrenchment of a workman/employee from the employment. Any Termination of a workman is covered under the Industrial Disputes Act and it falls under ‘Retrenchment’. Under Chapters V-A & V-B of the Industrial Disputes Act, 1947, for retrenchment of a workman of an industrial establishment employing below 100 workmen, an employer has to serve one month's notice or wages in lieu of notice. Even as per Clause 13(1) of the model Standing Order under Industrial Employment(Standing Orders) Act, 1946, for terminating the employment of a permanent workman, notice in writing shall be given either by the employer or the workman one month's notice in the case of monthly rated workmen and two weeks' notice in the case of other workmen; one month's or two week's pay, as the case may be, may be paid in lieu of notice. In that scenario, the terminated employee/workman can raise an industrial dispute directly before the Industrial Tribunal/Labor Court concerned for adjudication provided he/she is not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act. Otherwise, in case he/she is holding the position of Manager/Administrative Officer in the Company, he/she has to file a civil suit before the Civil Court seeking appropriate relief in the matter. If you are an employee of the IT Company then be informed that to restrict IT Companies from exploiting their employees by playing double standards, the Division Bench of the Karnataka High Court in the case of Commissioner of Income Tax v. Texas Instruments India Pvt Ltd (2021) 435 ITR unambiguously held that the IT sector employees considered to be "workmen" under Section 2(s) of the Industrial Dispute Act, 1947. If required, hire an Advocate experienced in service matters to navigate the issue in the right way to meet the end of justice.