In a key judgement delivered, a City Labour Court has set aside the dismissal of an experienced IT Professional, who was with major IT Firm- Tata Consultancy Services (TCS) for more than two decades and directed the company to reinstate the staff and pay 50 % back wages.
The employee, a resident of Velachery moved the Labour Court against the termination stating that she was dismissed despite her stating that she couldn't report to work due to health reasons.
CASE FACTS
The petitioner joined the Company in 1995 as an Associate Consultant and rendered service for more than 22 years. She stated that she fell ill in May 2017 and communicated about her illness to the Human Resources team, first over phone and then also submitted her medical records.
However, she was dismissed from employment through a communication dated June 2, 2017 without accepting her valid explanations on health grounds, the petitioner stated.
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During the hearing, her Learned Counsel submitted before the Court that the provisions of the Industrial Disputes Act weren't followed by firm and thus her termination stands illegal.
The Company on the other hand submitted that the Employee couldn't be allocated to any project owing to her inability to upgrade subject knowledge and requisite skill sets.
The Company’s Learned Counsel further argued that she remained unallocated for 727 days from March 7, 2015 until the date of discharge from her services and the employee availed salary benefits, without having worked for over two years.
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After perusing the submissions from either side, N Venkatavaradhan, Presiding officer, I Additional Labour Court observed that there is no evidence to the allegations by the company that the petitioner has not improved her standards as required by the management.
“Therefore, this Court can see that it is a tactic adopted by the management to find reasons for termination,” the court said and directed the management to reinstate the petitioner within three months and pay 50 % backwages and other benefits from the date of termination.
TCS didn't respond to queries if the management will be appealing against the Labour Court order in a higher court.
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