Guidance required in a labour & maternity benefits matter

Dear querist,

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

Regards,

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.

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.

You can submit labour commissioner certificate in the MM Court.

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.

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?