Section 28 in West Bengal Shops and Establishments Rules, 1964
28. Dismissal during absence for pregnancy.
(1)When a woman absents herself from work in accordance with the provisions of these rules, it shall be unlawful for the shop-keeper or the employer, as the case may be, employing her to discharge or dismiss her during or on account of such absence or to give her such notice of discharge or dismissal as will expire during such absence, or to vary any of the conditions of her service to her disadvantage.(2)(a)Discharge or dismissal of a woman at any time during her pregnancy, except by order in writing communicated to her and on grounds of gross misconduct, shall not have the effect of depriving her of any maternity benefit if, but for such discharge or dismissal, she would have been entitled to such benefit.(b)Any woman deprived of maternity benefit may, within sixty days from the date on which the order of such deprivation in communicated to her, appeal to the officer or authority appointed under subsection (2) of section 14 within whose jurisdiction the shop or the establishment, as the case may be, is situated, and the decision of such officer or authority on such appeal, as to whether the woman should. or should not be deprived of maternity benefit, shall be final.(c)Nothing contained in this sub-rule shall affect the provisions of sub-rule (1).
