Submit a detailed representation addressed to good offices of appointing authority, MD………………and narrate all calls made to this HR…………(mention dates, phone numbers) and emails………………..and raise your demand in gentle tone………………e.g. action against HR person, and payment to eb supplied by Redg. post.
Complaint can be lodged with Inspector appointed under the Act by the appropriate govt. (State/Central) as applicable in your case.
The local o/o Labor Commissioner can help you.
The Labor Inspector in o/o Labor Commissioner::: (State/Central) as applicable in your case, might also be officiating as Inspector under Maternity Benefit Act..
THE MATERNITY BENEFIT ACT, 1961
Sec:6, 8(5),10,21
The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance to the woman on production of proof that the woman is pregnant and the amount due for the subsequent period shall be paid to the woman within 48 hours of production of proof that the woman has been delivered of a child.
A woman entitled to maternity benefit under the Act shall also be entitled to receive from her employer a medical bonus of 250 rupees, if no pre-natal confinement and postnatal care is provided for by the employer free of charge. The medical bonus shall be paid along with the second installment of the maternity benefit.
A woman suffering from illness arising out of pregnancy delivery, premature birth of child or miscarriage shall be entitled, in addition to the period of absence allowed to her under the provisions of the Act, to leave with wages at the rate of maternity benefit for a maximum period of one month.
If any employer fails to pay any amount of maternity benefit to a woman entitled under the Act or discharges or dismisses such woman during or on account of her absence from work in accordance with the provisions of the Act, he shall be punishable with imprisonment which shall not be less than three months but which may extend to one year and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees. The Court may, however, for sufficient reasons to be recorded in writing, impose a sentence of imprisonment for a lesser term or fine only in lieu of imprisonment.
If any employer contravenes the provisions of the Act or the rules made thereunder, he shall, if no other penalty is elsewhere provided by or under the Act for such contravention, be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both. Where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the Court shall, in addition, recover such maternity benefit or amount as if it were a fine and pay the same to the person entitled hereto.
Rate of Payment:
@ 'the average daily wage'…………………the average of the woman's wages payable to her for the days on which she has worked during the period of 3 calendar months immediately preceding the date from which she absents herself on account of maternity.
There are many threads on Maternity Benefit e.g;
https://www.lawyersclubindia.com/forum/Resignation-after-maternity-leave-79271.asp#.UahsGdKAqWN
https://www.lawyersclubindia.com/forum/Maternity-act-74586.asp#.UXPE3qKAqWM
https://www.lawyersclubindia.com/forum/Forced-to-resign-when-enquired-about-maternity-leaves-75754.asp#.UXPC0qKAqWM
https://www.lawyersclubindia.com/forum/Maternity-leave-salary-76258.asp#.UXPDG6KAqWM
https://www.lawyersclubindia.com/forum/Meternity-leave-75127.asp#.UXPEpaKAqWM
https://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.Ua8iV9KAqWO
https://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.U0pY90eBmXX
https://www.lawyersclubindia.com/forum/Regarding-maternity-leave-100692.asp#.U1N830eBmXU
