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Madras high court stays termination of TCS employee

 In a case which may open a floodgate of litigation, the Madras high court on Tuesday restrained software major TCS from retrenching an employee who has been issued termination by the company.

Amid reports that TCS planned to retrench 25,000 engineers, Rekha, who is pregnant at present, was issued termination orders on December 22, 2014. She was informed that she would be relieved from duty on January 21, 2015.

She moved the high court saying the retrenchment move was illegal and in gross violation of Industrial Disputes Act, 1947.

On Tuesday, admitting her petition, Justice M Duraiswamy granted a four-week interim inunction restraining the company from retrenching her.

In her petition, Rekha said she joined TCS in Chennai in March 2011 as an IT analyst.

She is a 'workman' within the meaning of Section 2(s) of the Industrial Disputes Act, 1947, as her main duties and responsibilities are technical and clerical in nature.

Her job involves receiving and collating information about software/application to be developed, analyzing requirements and designing and developing appropriate software or application based on client company's needs. Noting that she was honest, sincere and dedicated worker and that her performance had always been very good, Rekha said she had been given the rating 'C' (meets expectations) thrice during her service in TCS.

She said the company reportedly had taken an unfair decision to terminate the services of 25,000 workers holding designation of assistant consultant and above, and to recruit 55,000 persons, predominately freshers on the basis of campus interviews, and other less experienced persons with to cut costs.

She was issued termination orders on December 22, 2014, stating that she would be relieved from service on January 21, 2015.

According to Section 25 of the Industrial Disputes Act, the principle is last come, first go. TCS has not published any seniority list as required under the rules framed under the Act and it has not given any notice of retrenchment as required under the Act.

TCS does not propose to pay 15 days of wages for every completed year of service as compensation which too is mandatory under the Act, she said, adding, "in any event, termination is not valid or justifiable."

 Article referred: http://timesofindia.indiatimes.com/city/chennai/Madras-high-court-stays-termination-of-TCS-employee/articleshow/45870194.cms

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