CHENNAI: Tata Consultancy Services (TCS) Limited has revoked its letter dated December 22 last, terminating the services of an expectant mother -- Sasisrekha Thangavel Natarajan of Nemilicherry -- thanks to the intervention of the Madras High Court.
However, the company said that it had revoked the termination as an exceptional case, considering that she was pregnant. “Sasi Rekha has stated in the affidavit before the Madras High Court that she is pregnant. This fact was not made known to TCS by Sasi Rekha during the exit process,” it said. The company said that “while disputing that employees are workmen within the Industrial Disputes Act, decided to revoke the letter relieving Sasi Rekha, as an exceptional case, in line with its practice of not relieving any employees during pregnancy.”
A submission to this effect was made by TCS senior advocate Yashod Vardhan, when the writ petition from Sasirekha came up before Justice M Duraiswamy, on Tuesday. He also produced a copy of the revocation order dated January 20 to the judge. Since the TCS has revoked the termination letter, which is the subject matter of the writ petition, there is no reason to keep the writ petition pending, the judge observed. Placing the revocation order on record, the judge said that there remains nothing for adjudication on the writ petition and dismissed it. The judge, however, made it clear that the issues involved in this writ petition are kept open.
While admitting the writ petition last week, the judge had restrained TCS from giving effect to its December 22 termination order.
The main prayer of the petitioner was to direct the State Labour Officer in Kuralagam to commence the conciliation proceedings in respect of her termination order and consequently direct the TCS management to wait till a decision was taken by the Labour Officer.
The judge ordered notice to the Labour Officer and the TCS management, returnable in four weeks. Till then, there will be an interim stay, the judge had said, while passing interim orders on the petition from Sasirekhja. Acting swiftly, the TCS withdrew the termination order.