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SRK (Business Manager)     27 January 2014

Forced resignation due to pregnancy


I had worked with an IT Company for 8 years and had been the star performer, received awards every year for the excellent performance.

However, as soon as I got pregnant, I was asked that since I cannot work with full dedication now, its better that I take 2 year sabattical.

However, I asked them that I dont need a sabbatical, instead I am fine to work. I would only take the leaves at the time of delivery.

However, they denied and I had to resign. I have this conversation in emails as a proof.

The question is am I entitled to any kind of compensation under Maternity Act?

Additionally, I want to legally pursue this owner for mental harrasment that I am going through.


Please advice.



 7 Replies

Avadhesh Paliwal (advocate)     28 January 2014

yes you can go for labour court for your payment and penalty for your mental harashment.

Kumar Doab (FIN)     29 January 2014

A pregnant woman during period of Maternity Leave (in your case 6 weeks prior and after date of delivery) can not be terminated. There are provision of Penalty and punishment.

If you have proof then you may approach Inspector under the Maternity Benefit Act under the appropriate government (State/Central as applicable in your case). 

The women commission usually acts very fast in such matters.

The local o/o Labor commissioner can guide you further and Labor Inspector may also be the Inspector under the Maternity Benefit Act.

Otherwise also forced resignation is offence and may be termed as deemed termination.

The pregnant woman is eligible for paid Maternity Leave, bonus and also additional 1 month leave for sickness due to pregnancy delivery.


Sudhir Kumar, Advocate (Advocate)     29 January 2014

agreed with Mr Kumar Doab

SRK (Business Manager)     03 March 2014


Hi All

Thanks for your responses. I am still struggling with this Gratuity payment, looks like it takes a lot of time to get justice.

In the meantime, this Boss of mine has been filing false cases against me, so that I withdraw my Gratuity case. He has recently filed a case of Data Theft against me. I dont understand how can Police/court can file false cases, dont they need any proofs?

Please advice if I should be worried as I am pregnant currently and this all is really stressing me.

Do you think there is any way I can punish this guy for his bad deeds. 



Kumar Doab (FIN)     03 March 2014

First of all you may get yourself examined properly by a qualified Gynecologist /Obstetrician for your health and health of your Baby and also by a qualified Psychiatrist for the stress from which you have suffered and get the findings properly recorded on prescripttttion and in medical history under proper seal and signature of the doctor. YOU may keep the lab test etc safely with you.

The female anatomy is complex, pregnant women needs proper medical care and adverse situation can affect her and her baby’s health …………………………and may render her unable to reproduce later. Seek advice from your doctor. Share the findings of the doctor with your lawyer too. If the need be get your self examined by CMO/Civil Surgeon/Medical College Doctors/Medical Board ………………..

Approach IT employee’s unions: There are employees unions of IT/ITeS employees and they have done good job e.g:

IT/BPO Voice of India | Facebook

UNITES Professionals         CBPOP

IT women employees’ union e.g:


 Employees Unions,

Trade Unions e.g: CITU, AITUC, INTUC ……………. The trade unions are willing to embrace IT/ITeS employees and they are very effective too.

Women Commissions, NGO’s working for Women e.g;Mahila Santwana kendra

Mahila Sahaya Vani

 Istri Sabha

, police, lawyer/law firm handling cases pertaining to Labor Law/Service Matters/ Criminal Matters/IT Act etc…………………..


Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;


The employer has to tender payment of Gratuity even if no application has been made by employee, within 1 month of becoming eligible (resignation as in your case) and pay interest @10%pa for the period of delay.

Even if you withdraw the Gratuity case it shall have to be paid.

The Sec:9 of Payment of  Gratuity Act 1972 lays down provision of penalty and imprisonment to ‘Whoever’ contravenes  the enactment (be it your boss, HR or employer) and Sec:8 lays down provisions for ‘Recovery of Gratuity’.

Defend yourself thru a competent and experienced lawyer specializing in criminal cases /Data Theft etc……………….

If the cases are false then your lawyer may opine to claim ‘Discriminatory Retaliation’, ‘Defamation’ ,‘Criminal Intimidation’ etc………………….

Your lawyer may opine that the conversation in emails with you is strong proof/evidence.

Such individuals are not fit to be left to loose around in a civilized society.

You may discuss the matter with your lawyer, understand the merits and proceed as deemed fit under expert advice of your lawyer.

If there was no ‘Data Theft’ how can it be proved.

You may find the following judgment by IT Adjudicator relevant and useful and note that employer did not succeed and employee submitted fitting replies.

JCB India Limited Petitioners Vs. Abhinav Gupta Respondents


It can also be accessed at the following link:

SRK (Business Manager)     03 March 2014

Hi Kumar


Thanks for your response.

Are you a lawyer urself or can recommend me one?

I have not yet able to find a good lawyer who can guide me.

I am in Noida and so the company, so the proceedings would be in Noida court.

I look forward to your response.

Kumar Doab (FIN)     03 March 2014

Regret can not recommend any Lawyer/Law Firm.

You have to find your Lawyer/Law Firm and settle your terms with your Lawyer/Law Firm on your own.

If you wish to avail the services of a LCI lawyer you can conduct search at:

Noida is a good city and close to Delhi and you should be able to find Lawyers par excellence.

Many of the senior members/experts  of LCI are from Delhi.

Your near and dear ones, spouse, colleagues, peers, relatives, friends, unions……………….etc  can also guide you to a competent and experienced Lawyer/Law Firm.

The officials of local Dist. Bar Association at your location can also guide you.

In each city there are a few Lawyer/Law Firm that specialize in Labor/Service/Criminal/IT/Cyber Law matters which is a specialized field and they are well known. Usually such cases are referred to them.


If there is a default on payment of wages there may be a default on PF, ESIC, TDS etc……….

Your lawyer may opine to submit Form ’N’ too, to the Inspector under Payment of Wages Act.

The Labor Inspector in local office of Labor Commissioner may also be officiating as Inspector under Payment of Wages Act, U.P Shops and Commercial Establishments Act ( termed as U.P. Dookan aur Vanijya Adhishthan Adhiniyam, 1962) …………….and Maternity Benefit Act.

If your establishment is operating in more than 2 states then appropriate government in your case may be Central (and not state) hence if you are covered as ‘Workman’ as in ID Act then you may have to approach CGIT than O/o State labor Commissioner.

Likewise for issues pertaining to forced resignation with reason being pregnancy you may have to Inspector appointed by Central Govt. under Maternity Benefit Act, than state Govt.

The local O/o labor Commissioner and your Lawyer/Law Firm can guide you further.

You can also approach civil court for damages.


If you have still not submitted your claim of OT, Bonus, wages and have not received FNF statement, form 16, PF number-a/c slips, ESIC Card, service certificate, relieving letter, NOC/NDC etc etc you may demand everything in consultation with your Lawyer/Law firm.

Employee can approach:

----Employees Unions

--- Trade Unions e.g; CITU, AITUC, INTUC ............................

---Inspector under U.P Shops and Commercial Establishments Act ( termed as U.P. Dookan aur Vanijya Adhishthan Adhiniyam, 1962)

You may got thru the latest version that may be available at Dept. of labor website of UP or you can buy from market.

Sec: 2(4)(6)(7)(10)(13A)(18)


24. Right of absence during pregnancy

25. Maternity leave

26. Maternity benefit

28. Prohibition of discharge or removal from service during or on account of absence from duty owing to confinement




Rules framed under U.P Shops and Commercial Establishments Act ( termed as The U.P. Dookan Aur Vanijya Adhishthan Niyamavali, 196352)


--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act. 
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.

--- ESIC Inspector;

--- RPFC in nearest PF office

--- ITO; TDS where you file your ITR

--- CIT-TDS (jurisdictional) where company files ITR

----Lawyer/Law firm

---Civil Court





Attached File : 527761643 up se act.doc downloaded: 30 times

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