The Madras High Court’s interim injunction restraining Tata Consultancy Services (TCS) from sacking a woman employee, has provided a shot in the arm for the Forum for IT Employees (FITE), the organisation that taken up the fight of the employees of software companies.
“We will continue to explore legal means for the rights provided in our constitution. FITE will strive hard to align up the IT/ITES employees under one network and take forward the struggle for the rights and welfare of the IT/ITES employees”, said FITE, armed with a temporary backing of the court for one of its members.
“I can’t accept the label of a non-performer. I’ll fight legally against the TCS management, my self respect is at stake”, said Sasirekha, the TCS employee and a member of FITE, who got relief from the HC.
According to FITE, the stay order was a remarkable moment in the last three weeks of campaign against the TCS layoff that commenced on December 21, 2014.
Prior to moving the court, a dispute was raised under the section 2A of the Industrial Dispute Act by Sasirekha in the Labour office at Kuralagam, Chennai. The dispute was that she was not an under-performer and she could not be thrown out of the company. The employee has to be protected under the section (33) of the Industrial Dispute Act, 1947. It also requested to invoke the conciliation proceedings immediately to resolve the dispute. Following this, a writ was filed in the Madras High Court to give directions to the Labour office to commence the conciliation immediately and until then the status quo is to be maintained.
FITE said that the interim order will restrain TCS from giving effect to the order of termination of service of the petitioner issued by it on December 22, 2014, for four weeks from the effect from January 13. “This interim order is meant more than the literal meaning it holds. This is a spark. It will spread now with more and more surprises to the TCS management in the coming days. We expect the TCS management to reverse its decision of profit-based retrenchment, at least now,” FITE said. The organisation said that it will invoke all the constitutional rights, labour rights for the IT employees’ job security.