Hyderabad High Court Admits Second Writ Petition by IT Professional Seeking Reinstatement

Seeking a direction to their reinstatement, a second writ petition moved by the retrenched employees from Tech Mahindra filed against the Labour Department, the Joint Commissioner of Labour and Tech Mahindra has been admitted by the High Court of Telangana and Andhra Pradesh on Thursday. With complaints of harassment to resign, in the last few months, more than 2000 employees have approached the labour commissioner’s office and the Development Commissioner’s office, Special Economic Zone. With no certain action from the concerned officials, the organized IT professionals have taken their fight to the high court.

In regard to this, Y. Kiran Chandra, Founding Member of Forum for IT Professionals, released a press statement.

The High Court of Telangana and Andhra Pradesh, on Thursday, admitted a second writ petition (WP No. 35426/2017) moved by retrenched employees from Tech Mahindra, seeking a direction to their reinstatement by the Joint Commissioner of Labour’s office. Justice A Rajasheker Reddy admitted the writ petition, filed against the Labour Department and the Joint Commissioner of Labour, while also petitioning Tech Mahindra.

This is the second such petition filed with the High Court, with a previous petition also filed by retrenched employees from Tech Mahindra. Senior Counsel A Satyaprasad appeared on behalf of the petitioners, Raghava Reddy and Ravi Dharmavarapu. Mr Satyaprasad argued that the authorities are abdicating their duties and requested the High Court to take cognizance of the same.

IT professionals from the states of Telangana and Andhra Pradesh have been organising themselves as the Forum of IT Professionals (ForIT). ForIT has given a call to file petitions at the labour commissioner’s office in case of harassment by the management to resign. Over the last few months more than 2,000 employees have approached the labour commissioner's office and the Development Commissioner’s office, Special Economic Zone.

According to prevailing law (Shops and Establishments Act, 1988), no employee can be terminated while their petition is pending with the Labour Commissioner. While the intent of law is to provide a just system, providing an equal footing to an employee and the powerful institutions like IT corporations, a delay in implementing the law is gross injustice. The labour commissioner's office, by not implementing the law thoroughly, has only helped the IT corporations and allowed the employees and their families to be thrown on to the roads.

ForIT expresses its happiness with the massive response from the IT professionals in fighting for justice. ForIT is also happy that the High Court has taken cognizance of the retrenchments that are happening in the IT industry. We, the IT employees, should realise that there are laws which protect our livelihoods and any company operating in India is bound to implement Indian labour laws.