Madras HC stays TCS from retrenching woman employee

Madras HC stays TCS from retrenching woman employee
Madras HC stays TCS from retrenching woman employee
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The News Minute | January 13, 2015 | 04:11 pm IST 

The Madras High Court on Tuesday temporarily restrained Tata Consultancy Services from retrenching an employee, and could encourage others to approach the courts.

Priya, (name changed) an analyst with the company, had approached the Madras High Court, calling the retrenchment illegal and in gross violation of Industrial Disputes Act 1947. She is also expecting a baby at present. Priya was an employee who was rated under the C Band thrice during her service in TCS.

In her petition, she told the Madras High Court that on December 22, 2014 she was given termination orders and told that she would be relieved from service on January 21, 2015. On Tuesday, Justice M Duraiswamy admitted her petition and granted an interim injunction  for four weeks, restraining the company from retrenching her.

Priya contested in court that although working as an IT analyst at TCS from March 2011, and her nature of work includes her or makes her fall within the ambit of Section 2 (s) of the Industrial Disputes Act which defines a workman. She questioned the termination of her employment under Section 25 of the Act which concerns retrenchment, and specifies procedure for the same.

In a statement, TCS said: "We have not received any court order regarding this.TCS conducts its performance appraisal process in a fair and professional manner. In this situation, we will review the issues raised in a responsible and considerate manner."

Read the full TCS statement on the "alleged layoffs" here: Not initiated, and no plans to initiate large exits says TCS

Tata Consultancy Services (TCS), the country’s largest IT company, had started laying off  some employees from December 8, stating that it is a workforce optimization process. 

Earlier this month, a group of employees of TCS met the Deputy Labour Commissioner in Bengaluru seeking action against the mass sacking of employees.

An audio clip of an alleged exit-interview of a female TCS employee with her HR managers was also been uploaded recently on Soundcloud. 

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