TCS ordered to reinstate an employee dismissed 7 years ago and pay him his full salary

TCS ordered to reinstate an employee dismissed 7 years ago and pay him his full salary

New Delhi: A seven-year long court battle finally ended in favor of Thirumalai Selvan, a Chennai technician who was fired by IT major Tata Consultancy Services in mass layoffs in 2015. A city court ruled in favor of Selvan , ordering the company to reinstate him with continuity of service and reimburse his full salary and all other benefits from the date of his dismissal until the date of his reinstatement.

The Chennai court observed that Selvan’s main role was that of a skilled worker.

Selvan, 48, had worked for the computer science major for more than 8 years and held a management position before he was sacked by TCS, saying his performance did not live up to his expectations.

“The reason for not mentioning the Applicant’s other duties is nothing but a subterfuge, to camouflage his main nature of duty,” DT Next newspaper quoted C Kumarappan, President of the Main Labor Court, as saying.

In fact, TCS, in its argument, said that Selvan worked in a managerial setting and would not fall under the category of “workers”.

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After his dismissal in 2015, the former TCS employee was forced to work as a freelance consultant on software projects, while taking on other odd jobs like real estate brokerage. After losing his job at TCS, Selvan’s monthly salary dropped to Rs 10,000.

A graduate mechanical engineer, Selvan worked in his main industry for four years before switching to the software route in 2001. He joined TCS as an assistant systems engineer in 2006 after completing a course costing Rs 1 lakh .

Recalling his struggles, Selvan said, “I would have traveled to court over 150 times in the last seven years.” However, he was backed by the Forum for IT Employees (FITE) in the “exhausting” legal battle.

FITE, a trade union for technicians, celebrated the judgment saying: “Justice everywhere is hope everywhere and a reminder to all those who force employees to quit. Great job done by the FITE Chennai team and salute to the TCS employee who fought for justice.