Hyderabad: Ex-employee serves legal notice to Tech Mahindra for not issuing relieving letter after 'arbitrarily' sacking him

Hyderabad: A former employee of Tech Mahindra, Hyderabad has served a legal notice to the company for failing to issue a ‘relieving letter’.

Former employee V Balakrishna who joined Tech Mahindra in Hyderabad on November 9, 2023, was informed orally on February 23 2024 that his services are not required and hence he need not come to the office. Also, his cab services were canceled and his credentials were revoked subsequently.

Yet after the submission of his company assets and accessories, his last day was fed into the systems as February 28.

If employees are terminated or resign under any pretext, he/she/they are entitled to receive their relieving letter. However, Balakrishna was not provided one month's salary. He was harassed for six months by not issuing him his `relieving letter’, which is a statutory right under the Central Industrial Employment (Standing Orders) Act 1946 (1946 Act).

"This is a violation of Section 47 of TG Shops and Establishments Act. My client had already completed the probation period as per the offer letter dated November 9, 2023," read the notice.

On April 8, Balakrishna filed a complaint at the Joint Commissioner of Labour, Ranga Reddy district. After multiple meetings with the company, Balakrishna was provided a partial salary but not his relieving letter.

Under section 47 of the Telangana Shops and Establishments Act, a 60-day notice period upon resignation is illegal.

According to his advocate, Tech Mahindra's working hours, overtime policy, leave policy, and break policy, are not part of the contents of the offer letter, which is also a violation of the 1946 Act.

Tech Mahindra has been given time till August 2 to ensure that Balakrishna is granted the following:

1. His relieving letter.

2. His remaining payment of the full month's salary after adjusting (23,425 paid to him on July 9, 2024) which is only basic and not full salary which is his legal right.

3. Pay the legal costs of Rs 25,000 which Balakrishna incurred due to the proceedings/notice and including mental agony.

4. Ensure the employees are not made to sign any agreement of "minimum service" or "surety bond" after joining the company or otherwise hereafter.

5. Correct paid leave policy as per the law of Telangana State.

6. Correct resignation notice period as per the law of Telangana State.

Speaking to NewsMeter Vijay Gopal, advocate at Telangana High Court said, "As per the company, my client is terminated and so he doesn't get his relieving letter as per their policy which is baseless. Any company has the freedom to sack and the employee has the right to resign. But an employer needs to get a relieving letter, which is required for him to get a new job. Unfortunately, this is the policy followed by many IT companies."

If Tech Mahindra fails to solve the issue by providing a relieving letter, Balakrishna will initiate legal measures against the company.

Vijay Gopal also made a representation to IT Minister Sridhar Babu on the issues about the IT companies providing relieving letters to employees.