DELHI HIGH COURT
PRATHIBA M.SINGH
Asia Pacific Institute of Management – Appellant
Versus
Office of Joint Labour Commissioner – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.
2. The present petition challenges the impugned order dated 13th August, 2020 passed by the Inspecting Officer/Inspector, Office of the Joint Labour Commissioner (District South) Labour Department, Govt. of NCT Delhi/Respondent No.1 (hereinafter "Labour Commissioner") under the MATERNITY BENEFIT ACT , 1961 (hereinafter "Act").
3. Respondent No.2/Dr. Nidhi Maheshwari (hereinafter "Respondent No.2") had joined the Petitioner - Asia Pacific Institute of Management (hereinafter "Petitioner") as an Assistant Professor in 2011 and she was promoted to Associate Professor in 2015. On 17th October, 2018, the Petitioner discontinued the services of Respondent No.2 leading to her filing a complaint before the Labour Commissioner under the Act.
4. The case of the Petitioner is that it was not aware that Respondent No.2 was pregnant and an intimation was given to the Petitioner only after the relieving letter bearing Ref: HR/FAC/2018 was served on her on 17th October, 2018. Thus, it is submitted that the awarding of maternit
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