Yes, it’s true. Today in the presence of Honourable Justice M. Duraiswamy in Madras High Court, TCS submitted that it is revoking the termination letter dated 22 December 2014 given to Ms. Priya (name changed) and pleaded to close the case. The petitioner accepted it and hence the case is closed now. The courageous FITE member Ms. Priya who came forward to challenge TCS legally now got back her job and self respect, just a day ahead of the 30 days notice period.
The Honourable Justice M. Duraiswamy orally questioned TCS that why the organization is revoking the termination only after the petitioner filed the writ petition. TCS cited the pregnancy of the petitioner as the reason for the revocation as per the ‘Tata Ethics’ and revocation of the termination as an exceptional case. However, in the counter affidavit, TCS denied the claims of the petitioner in writ petition and claimed that petitioner does not belong to the workman category as prescribed in the Industrial Disputes Act, 1947.
Hearing the arguments and submissions by the TCS, the Justice ordered the closure of the case but kept open the disputes related to workmen category and other arguments raised by the petitioner in the writ.
Yes, It’s an exceptional case as the TCS ducks back to revoke the termination of a FITE member. We will not rest till the massive indiscriminate terminations are stopped by TCS and justice served to those affected in the process.
Mr. Thomas V. Simon , Vice President of Human Resources , TCS who issued the termination letter to Ms.Priya in 22nd December 2014 , issued a letter revoking the same today. It will be a remarkable day as it boosts morale strength to all IT/ITES employees in India.
Meanwhile, more than a dozen FITE members affected in TCS terminations filed a case under the Industrial Disputes Act in various Labour Commissioner Offices across India. Few of them have also filed the writ petitions in the appropriate High Courts.
TCS won’t budge unless we stand up for our rights as our fellow worker did.
10 Comments
Vasudaikakutumbam January 20, 2015 at 5:27 pm
Good Job FITE and this judgement is a slap on TCS face if its true
Oney January 20, 2015 at 6:09 pm
Way to go FITE. Can you also post an update on the hearing with Bombay High Court for the same issue.
sasi January 20, 2015 at 6:20 pm
Its a good start… The first step in the long path
Vijay Kokamthankar January 20, 2015 at 7:33 pm
It appears to be a face saving retreat by TCS, in the light of backlash in media. Ms. Priya is lucky but that may not be the case in case of others laid off by TCS. As TCS is contesting the workman status claimed by Ms. Priya and others. It is very difficult to prove that a highly educated, highly skilled and highly paid employee is a workman as defined in Industrial Disputes Act. If a petitioner is not a workman then he or she can not take refuge of Industrial Disputes Act.
Private_Eye January 20, 2015 at 10:43 pm
You are right. More important than anything else, petitioner(s) must first determine whether IT companies fall under Industrial Disputes Act, then the question of Workman status
Vijay Kokamthankar January 21, 2015 at 3:47 pm
well, Industrial Disputes Act is applicable to all industries, TCS included. But ID Act is inacted to protect the interests of workmen and to provide mechanism to resolve industrial disputes. This act defines who is a workman and there is established case law as well on the subject. Provisions and protection under this act are applicable to workmen alone. TCS’s main defense in all these cases is that, their employees are not workman and hence provisions of ID Act will not be applicable.
Siva January 20, 2015 at 8:44 pm
Yea big slap to TCS Leaders. Shame on TCS HR!!
Scorpion1985C January 21, 2015 at 3:26 am
TCS has started refusing promotions to ITA and above. I am on bench and I was forced to take a project in which I had no interest and also told that I will not be promoted to AST. I guess I am on the path to getting fired.
BHARAT January 22, 2015 at 9:14 pm
The same Thomas Simon has issued me a threat letter. Against this a case has been lodged by me in Mumbai Metropolitan Court. A unfair labour case is also pending against TCS in Mumbai Labour Court and Bombay High Court. When will TCS refrain?
vikraman January 26, 2015 at 7:20 am
The team who decides the layoff has to resigned or terminated by TCS investors.