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Transfer of Female Employee During Pregnancy
13-Jul-2023 (In Labour & Service Law)
My wife is an officer in a PSU Bank in Kolkata. She got promoted and was transferred to Durgapur. She was pregnant during that time with serious complications leading towards miscarriage and was advised complete bed rest by doctors. She had submitted all the medical reports and doctor's prescription to her office, requesting a favorable consideration in posting in the same city on medical grounds so that she doesn't need to shift in such condition. She had submitted several representations to her office requesting the same but not a single one of them were answered. Her seniors refused to meet her every time in spite of several requests . They never tried to listen to her problems and showed no empathy even on human grounds. She was eventually forcefully transferred. So my question is, does she have any relevant grounds to go against her administration legally? If yes, then please help me go through the procedure. nnRegards.
yes surely. there two major act in India which give her right to fight against authority for such insensitive and irrational orders. Maternity Benefit Act and and industrial labour laws. both has series of conditions given where a would be mother can have benefit if she is working lady. Supreme Court has also specifically talked about it and has given rigorous order again authorities
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Adv. Monima Khan
Kolkata | 100+ Answers
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yes she can go for legal action . Upon medical ground if she not in the position to move to any other cities she cannot be forced for so . Her authenticity is her medical papers . Law & rules are made for the relationship with the society
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Adv. Anita Kaunda
Kolkata | 100+ Answers
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yes absolutely, medical grounds specially if the applicant is pregnant then it has to be considered by the appropreate authority and if they don't then there is legal remedy and one should obviously if deprived from consideration properly apply before the appropreate legal forum that is High Court. Do it immediately as you have stated that already you submitted several representation before the authority concern but no steps taken on the basis of that.
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Adv. Hemanta Kumar Das
Kolkata | 100+ Answers
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