The IT major now has been forced to revoke termination of the employee who was pregnant when she was served the termination letter.
After receiving the relieving letter, the woman, who has been identified as Sasirekha Natarajan, moved the Madras High Court in Chennai challenging the company's decision of terminating her.
However, when the matter came for hearing in the court on Tuesday, Jan 20, the counsel representing TCS informed the high court that Sasirekha's termination has been revoked.
In its official statement, TCS said, "Ms 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 Miss Sasi Rekha during the exit process."
"Considering this statement made by her in the Affidavit before the Madras High Court, TCS, while disputing that the employees are workmen within the industrial disputes act, decided to revoke the letter relieving Miss Sasi Rekha, as an exceptional case, in line with its practice of not relieving any employees during pregnancy," added in the statement.
It also added, "This fact was brought to the knowledge of the Court and recording the same the Court has dismissed the writ petition as infructuous."
Sasirekha, who was served the notice on Dec 22 and asked to leave by Jan 21, had moved the court claiming that her termination order was unjustified and was in violation of Section 25 of the Industrial Disputes Act and the principle of last come first go.
The high court while admitting the petition had on last Tuesday granted four weeks interim injunction, restraining the company from retrenching her.
According to Section 12 of the Maternity Benefits Act, a pregnant woman cannot be dismissed during pregnancy. As TCS revoked her termination, the high court closed the case.
Meanwhile, another TCS employee, who too has been given the relieving letter, moved the court. The 36-year-old male employee approached the court complaining of unfair termination. The Madras High Court will hear the case on Wednesday. TCS filed a counter in the case this afternoon.