TCS has been ordered to reinstate Thirumalai Selvan and pay him full salary from the day he was terminated to when he will be reinstated
Contents News/Article Date:5th February 2023
Relating to which Act: The Indian Constitution grants the Central and state governments the powers to enact laws to protect the employees and foster a professional work environment. Based on the industry, nature of the work, number of employees in the company, location, and more, there are various legislations like the Industrial Disputes Act 1947 (ID Act), Factories Act 1948 (Factories Act), and Shops and Establishment Acts in relevant states (S&E Act).
Applicable to which State: Acts and Rules are applicable to all States
Type: Newspaper Report – A court in Chennai has ordered Tata Consultancy Services to reinstate an employee it sacked in 2015 and pay him his salary and benefits of seven years in full,
Pertains to: Establishments and Employees in all types of Organizations running businesses for profit or nonprofit
Relevance of this news: Karma Management Global Consulting Solutions Pvt Ltd is in the business of HR Services, Payroll, Outsourcing, and Regulatory Compliances right from its inception in 2004 since then, it has brought in a lot of efficiencies and technological upgradations with experts on its roll, to ease the hassles of Payroll Processing, Temp Staffing, On-boarding, Employee Life Cycle, Statutory, Regulatory, and Payroll compliances by providing customized solutions to all its elite clients.
Now Karma Global is also fully into labour compliance for nearly 18 years and is helping both establishments and workers for the fulfillment of obligations as per the laws of the land. It has over 200 staff, both direct and indirect on its rolls and operates on pan India basis. Recently, it has diversified into foreign shores as well, into countries like the US, UK, UAE, Canada, and South East Asia for handling payroll, outsourcing, recruitment, compliance, and governance.
Karma Management handles the obligations of all provisions contained in the labour acts and rules. Employees are entitled to several benefits under the Employment Act, including annual paid leave, sick leave, maternity benefits, paid public holidays, etc. Employers must ensure that they meet all of the Act’s standards and that the contract conditions reflect this.
Businesses must comply with the following requirements of the Act in particular:
- Minimum wage
- Maternity benefits
- Revision of wages
- Safer work environment
- Adaptive work culture
- Issuance of employment contracts
- Social contributions
- Health care and insurance
- Holidays and annual leave
- Termination, severance pay, grievance handling, redressal
And in this instance: A court in Chennai has ordered Tata Consultancy Services to reinstate an employee it sacked in 2015 and pay him his salary and benefits of seven years in full, as per a newspaper report.
Thirumalai Selvan, 48, had worked for the information technology company for over 8 years before being let go in mass layoffs. TCS said his performance was not up to its expectations.
After a tedious seven years, the city labour court ruled in his favor. It refuted TCS’ argument that Selvan belonged to the managerial cadre and was not a workman — someone with a specified skill.
Subject: TCS has been ordered to reinstate Thirumalai Selvan and pay him full salary from the day he was terminated to when he will be reinstated.
Appended is the complete news item
TCS has been ordered to reinstate Thirumalai Selvan and pay him full salary from the day he was terminated to when he will be reinstated.
A court in Chennai has ordered Tata Consultancy Services to reinstate an employee it sacked in 2015 and pay him his salary and benefits of seven years in full, as was reported in the newspaper.
Thirumalai Selvan, 48, had worked for the information technology company for over 8 years before being let go in mass layoffs. TCS said his performance was not up to its expectations.
Selvan, who had a managerial position in TCS, was forced to look for freelance opportunities after being sacked. He earned less than Rs 10,000 per month working as a freelance software consultant and a real estate broker. His family depended on savings and his wife’s salary.
Adding to Selvan’s financial troubles were legal hassles. “I would have travelled to the court more than 150 times in the last seven years,” .
After a tedious seven years, the city labour court ruled in his favor. It refuted TCS’ argument that Selvan belonged to the managerial cadre and was not a workman — someone with a specified skill.
“The reason for not mentioning the petitioner’s other duties is nothing but a subterfuge, to camouflage his principal nature of duty,” C Kumarappan, Principal Labour Court’s presiding officer said, according to DT Next.
The court observed that Selvan’s primary role was that of a skilled worker.
The Forum for IT Employees (FITE), which helped Selvan in his court case, celebrated the judgment.
“Justice anywhere is hope everywhere and a reminder to all who are forcing employees to resign,” the group was quoted as saying this “Great work done by Team FITE Chennai and salute to the TCS employee who fought for justice.”
