Bank refuses to give employment because of pregnancy

meenakshi (Querist) 23 November 2013 This query is : Resolved
I Meenu, got offer of appointment for the post of officer scale-I in a nationalize bank . so i resigned from my current job which is the clerical post in some other bank and the bank relieved me. so I submitted my joining report to the my new employer(bank) but they have refused to accept it verbally because i have 22 weeks pregnancy. on next day bank received only my medical reports without taking joining report and asking me to take extension from joining but i refused that because i want to join. after 3days bank sent me a letter saying that i can only be able to join bank after 3 months of my delievery(my expected date of delievery is in mid march 2014) and also for the post of officer i am not medically fit by mentioning that my current job profile also required some kind of field work like meeting custmors, farmers outside the bank etc. After that I sent a reply to the bank that in present condition I am able to perform all the works as prior to this I was already working in a bank as a clerk for which some times i performed field work and i was doing that very well. but the bank has stick on his decesion. Me and My husband is totally helpless as i seems to unemployed for the next 8 months..PLZ-2 HELP ME...... ..

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Sudhir Kumar, Advocate (Expert) 23 November 2013
approach labour commissioner

Anirudh (Expert) 23 November 2013
Labour Commissioner will not be of any help. You have to approach the High Court through a writ petition and you will get relief.

Guest (Expert) 23 November 2013
As advised immediately file in highcourt clearly filing the evidences that basing on the appointment letter you had resigned the earlier job.Request your advocate to make it as Urgent Petition.

Ms.Nirmala P.Rao (Expert) 23 November 2013
If you want a quick and efficacious remedy for redressal of your employment grievances and otherwise medically fit as a fiddle for performing all official duties in connection with your employment despite your advanced pregnancy etc you can file a Writ of Mandamus in the State High Court for the desired relief.However, 3 months medical leave is mandatory as per Maternity benefit Act. If you wish to thank me for this reply please click the thank you button on my profile.

Rajendra K Goyal (Expert) 23 November 2013
File petition in High Court.

malipeddi jaggarao (Expert) 23 November 2013
You go and submit your joining report to the new Bank. If they refuse ask them to give the same in writing basing on which you approach the High Court by filing a writ.

R.K Nanda (Expert) 23 November 2013
nothing more to add.

T. Kalaiselvan, Advocate (Expert) 23 November 2013
The Bank authorities have got no right to refuse/defer to take you on rolls of the bank as an employee on the grounds of pregnancy. This is against the provisions of the constitutional protections of fundamental rights of the citizen, contact a prudent lawyer and file a writ petition before the high court immediately, but before that exhaust the remedies available before you by contacting the bank's Chairman/MD in writing seeking their intervention to redress your grievance and relief.

Rajendra K Goyal (Expert) 25 November 2013
Agree, first exhaust all the avenues by submitting your joining report in writing, if not accepted by Manager or refuse to give in writing, take the noting from two independent witnesses. Meet the chairman and MD and representing your case in writing. If no result make them party also.

meenakshi (Querist) 27 November 2013
my sincere thanks to all of you for your kind
suggestion..

As you advised i met bank MD but he refuses to give me joining..so now what else i can do....also plz suggest any prudent lawyer in jaipur(rajasthan).....

malipeddi jaggarao (Expert) 28 November 2013
File a writ petition in High Court.

Bank refuses to give employment because of pregnancy

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