Mayank Gupta (Advocate) 28 April 2020

Guidance required in a labour & maternity benefits matter

My client was terminated from her job without any notice due to absenting herself from the job WITH Intimation due to complications in her pregnancy. Cases were filed before the MM under Maternity Benefits Act and before the Conciliation Officer, Labour. Certificate was issued by the Labour Commissioner in January 2019 as no settlement was reached. We had not filed before Labour Court but instead went for the maternity benefits case. But the Ld. MM is asking for the details about the labour matter. What should be our way forward?

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6 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 28 April 2020

Dear querist,

You have to give the details of case and order passed in the case.

Regards,

Mayank Gupta (Advocate) 28 April 2020

We had approached the Labour Commissioner (Conciliation Officer) as provided under the Act with the relief of reinstatement with back wages. As there was no settlement reached, the certificate was issued u/S. 2A, IDA in January 2019.
Instead of reaching the Labour Court under IDA, my client preferred a complaint under Maternity Benefits Act.

Now the MM in the MBA Case is seeking details of the Labour Court proceedings.

Mayank Gupta (Advocate) 29 April 2020

We have not proceeded with the labour matter yet after the Conciliation proceedings. We are unable to understand why this is hampering our MB Case as it has a different cause of action.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 29 April 2020

You can submit labour commissioner certificate in the MM Court.

Ritesh Maity (Labour Law Advocate) 29 April 2020

It seems for illegal termination of her service, you have reached the conciliation officer, who upon failure of settlement issued a certificate. U/s. 2A, you may approprach the labour court for reinstament and backwages, which you have not.

But it seems that you have filed a separate case for violation under Maternity Benefit Act. Since, the Ld Court under MBA has sought for details of the labour case, which your client has not yet filed, you can state the fact to the Court.

I fail to understand where is the complications.

But in my opinion, the case under MBA act has no relation with the labour case (ID Act). However, try to go through the documents (the conciliation procedure) and well as the case filed under MBA and see if there is any connection between the cause of action between the two cases which the Ld. Judge may have in his mind.

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Mayank Gupta (Advocate) 30 April 2020

Thank you for the apt reply. The MBA complaint was filed on the grounds that the termination was made on employer coming to know of the pregnancy to avoid paid leaves at a later stage, while IDA complaint is qua the wrongful termination.

I believe that both the cause of actions are separate and there is no prejudice in preferring of both the remedies simultaneously?