Big blow for TCS, HC restrains it from sacking an analyst

The Madras high court has restrained software major Tata Consultancy Services from retrenching its analyst who has been issued termination order by the company.

Amid reports that TCS planned to retrench 25,000 engineers, Rekha was issued termination orders on December 22, last year. She was informed that she would be relieved from duty on January 21, 2015.

She moved the High Court contending that the retrenchment move was illegal and in gross violation of Industrial Disputes Act-1947.

Admitting her petition, Justice M Duraiswamy granted interim injunction restraining the company from retrenching her.

In her petition, Rekha said she joined TCS in Chennai in March 2011 as 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, analysing requirements and designing and developing appropriate software or application based on client company's needs.

Noting that she was honest, sincere and a dedicated worker and that her performance had always been very good, she said she had been given the rating 'C' thrice during her service in TCS.

She submitted that the company 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 a view to cutting costs.

As per 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.

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 submitted.