Court to hear sacked IT staff

HC admits Tech Mahindra staff plea; IT firm, state get notices

Giving respite to software professionals who were laid off by IT companies, the Hyderabad High Court on Monday admitted a petition filed by certain software engineers who were recently retrenched and issued notices to Tech Mahindra Limited (formerly Satyam Computer) and the state government seeking their response.

Justice M.S. Ramachandra Rao was admitting a petition by Mr Sudhakar Suddala and three others who alleged that the management was resorting to illegal retrenchment.

Senior counsel S. Satya Prasad, appearing for the petitioners, said the human resources department was pressurising the employees to tender their resignations.

He said the petitioners had approached the joint commissioner of labour, Ranga Reddy, questioning their retrenchment and illegal methods being adopted by the company.

He said the erstwhile AP government in 2013 has issued GO Ms No. 22, exempting IT companies from the purview of the Shops and Establishments Act; this was stayed by the High Court in another petition.

He said that according to the law, the services of any employee cannot be terminated if there is a petition pending with the labour commissioner.

He said even after the petitioners approached the labour commissioner, the company was in violation of Section 47 (2) of Telangana Shops and Establishment Act for serving termination orders on them.

He urged the court to direct the joint Commissioner of labour to order the company to reinstate of the petitioners pending conciliation proceedings.

While admitting the petition, the judge issued notices to the company and to principal secretary to labour department and the joint commissioner of labour seeking their response within three weeks.

The petitioners said that over the last month, more than 80 petitions had been filed by IT employees of various companies before the labour commissioner and the development commissioner of the Special Economic Zone challenging termination orders.

Mr Kiran Chandra of the Forum of IT Professionals said IT employees need to realise that there are laws that protect their livelihoods and they should fight to retain those rights.

IT STAFF contended that their services could not be terminated when their petitions were with the labour commissioner.