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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
President, Human Resource, Tata Consultancy Services – Appellant
Versus
Latha Govindasamy – Respondent
| Table of Content |
|---|
| 1. background of employee's dismissal (Para 2) |
| 2. arguments on employee's status and termination (Para 3 , 4) |
| 3. court's analysis on employment status and termination validity (Para 5 , 6 , 7 , 8) |
| 4. conclusion confirming labour court’s award (Para 9) |
COMMON ORDER
The Writ Petitions:
These two Writ Petitions assail the award of the Labour Court dated 14.12.2020 made in O.P.No.6 of 2019, in as much the award partly allowed the claim petition and directed reinstatement of the employee – Latha Govindasamy with continuity of service with 50% of back wages and all other attendant benefits.
1.1. W.P.No.8523 of 2021 is filed by the Management - The Manager, Human Resources, Tata Consultancy Services, aggrieved by the portion which denied 50% of back wages. WP.No.34618 of 2022 is filed by the employee.
Factual Background:
2. The factual background in which these Writ Petitions arise are that the employee raised a dispute about the non employment before the Assistant Labour Commissioner – III - Conciliation, Kuralagam, Chennai and the conciliation did not yield any settlement and resulted in a failure report dated 28.01.2018. Thereafter, a claim petition was filed under Section 2 A (
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