Section Text
(1) When a woman absents herself from work in
accordance with the provisions of this Chapter, it shall be unlawful for her employer to discharge or dismiss
her during or on account of such absence or to give notice of discharge or dismissal on such a day that the
notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service:
Provided that the discharge or dismissal of a woman at any time during her pregnancy, if the woman
but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus under
this Chapter, shall not have the effect of depriving her of the maternity benefit or medical bonus:
Provided further that where the dismissal is for any gross misconduct as may be prescribed by the
Central Government, the employer may, by order in writing, communicated to the woman, deprive her of
the maternity benefit or medical bonus, or both.
(2) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed
under sub-section (1), may, within sixty days from the date on which order of such deprivation or discharge
or dismissal is communicated to her, appeal to the competent authority, and the decision of that authority
on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus
or both, or discharged or dismissed, shall be final.