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    Lawfully yours: By Retired Justice K Chandru

    Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us atcitizen.dtnext@dt.co.in

    Lawfully yours: By Retired Justice K Chandru
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    Justice K Chandru

    Denial of 26 weeks' paid maternity leave can be contested and recovered with fine

    Q: As a woman employee working with a corporate company, I was recently in for a shock when the new CEO changed the women-friendly organisation’s maternity leave policy, reducing the leave period to one month from the existing three months. The management gave no reason for the change in stance. A woman colleague of mine had to put in her papers when management rejected her request for a three-month maternity leave. At a time when paternity leave is slowly getting into our system, I found this move by my organisation regressive. Is there any legal means to prosecute such organisations?

    Rajalakshmi, Chennai

    A: A woman's entitlement to 26 weeks of maternity leave is now a universal reality. Under the Maternity Benefit Act, it is mandated that a woman delivering a baby is entitled to eight weeks' pre-natal and 18 weeks' post-natal maternity leave with wages. You can complain to the jurisdictional deputy commissioner of labour and get the amount with interest and penalty. Maternity relief is a guarantee under Article 42 of the Constitution. Many governments and PSUs are giving one-year paid leave and some give paternity leave for the father also. The government is even providing maternity leave for surrogate mothers.

    Fighting BSNL in forums will only drain your energy and hard-earned resources

    Q: Bharat Sanchar Nigam Ltd (BSNL) has become a torture for old customers who are emotionally attached to their phone numbers. In the name of improving technology, BSNL is forcing fibre connections on customers and purposefully making the existing connection dead or defunct. I am one of the many customers in my area facing trouble due to disservice by the so-called biggest telecommunications company. Complaints registered umpteen times have fallen on deaf ears. Once, a BSNL staff called and said they would not rectify the line until I opted for a fibre connection. However, they keep sending bills every month for a non-functional line. They have been saying fibre is the best option and how they say it is as if customers are dull-witted. Is there a way BSNL can be taught a lesson so that they serve customers without harassment?

    Rajmohan, Madhavaram

    A: BSNL, from its position of monopoly in the field, has been reduced to the last among the service providers. This is largely due to the Central government's licensing policy and stiff competition in the field. No doubt, the quality of service is getting poorer and poorer day by day. Even if you change the service provider, things may not be rosy with their ever-increasing fee. Your complaints may be genuine. But fighting it in forums will drain your energy and hard-earned resources. Better shift the service provider, enjoy your new option and learn by yourself.

    Justice K Chandru
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