Bharat Gera
Principal Hr Consultant
Srinath Sai Ram
Hr Manager

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Friends, which labour act provides the provision to legally question the illegal mass terminations or layoffs in IT industry. Regards, Parimala
Termination as Punishment/Termination as per Terms & Conditions of Appointment can be questioned by the Employee under Industrial Disputes Act, 1947
You have to ensure that you are a Workman as per Section 2(S) of The industrial Disputes Act, 1947
Layoff for What Reason? Whether Lay Off Compensation has been Paid? , can be questioned under The industrial Disputes Act? is it a Hypothetical Question or Specific Question? being an Employee of IT Person, you should give all relevant details pertaining to the query

In fact, last year, when TCS resorted to mass retrenchment, a lady employee approached the Madras High court. After hearing her case, the Madras high court made an observation that if TCS does not resolve this issue, they will be forced to give the judgement which would affect the entire IT industry. TCS immediately took back the employee after withdrawing the retrenchment order and handled the issue internally by stopping retrenchment. Instead they gave time to a whole kot of employees to find alternate jobs. Incidentally, the lady employee was pregnant, and TCS as a face saving exercise stated that they did not know she was pregnant and hence are taking her back. Employees had also created a FB page to make TCS understand the unethical way they were resorting to. A few employees even circulated audio clippings of the interactions they had with HR during the retrenchment and circulated it through Social Media and FB. Srinath Sairam is right when he says that if you are deemed to be worker, then ID act applies. The same observation was made by the Madras high court stating qualification as an engineer does not matter and what matters is the role of the employee.

Hope you guys take your employer on just as TCS employees did.

1. So far as I understand, majority of employees in IT industry do not qualify to be workmen under Section 2(s) of the Industrial Disputes Act, hence these employees can challenge their retrenchment in the Civil Courts as labour legislation may not be of any help.
Mass retrenchment action in the industry may compel the employees of IT industry to form association/union to protect themselves.

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