Hyderabad: The Telangana High Court on October 25 issued a notice to Tech Mahindra, Hyderabad, for not issuing a relieving letter to its employees.
As per the notice, Tech Mahindra’s head of the Human Resource department in Hyderabad, Vinay Agarwal, has been asked to appear before the High Court on November 8.
In July this year, Balakrishna sent a notice to Tech Mahindra asking for a relieving letter to which Tech Mahindra replied by issuing a relieving letter to the employee in an alleged discriminatory manner. The reason for the exit from the company was reflected in the letter, unlike relieving letters issued to other employees who exited from their company.
Advocate, Vijay Gopal who represented Balakrishna in the Telangana High Court said, “The relieving letter (Certificate of Service) is a statutory right of an employee even in private firms, under the industrial employment (standing orders) Act 1946 read with the 1946 Central Rules and 1953 Andhra Pradesh Rules. yet the JCL RRD and Labour Commissioner of Telangana avoid doing their duty for reasons better known to them.”
Yet after the submission of his company assets and accessories, his last day was recorded as February 28. Employees who are terminated or resign for any reason have the right to receive a relieving letter.
However, Balakrishna did not receive his one month’s salary and was harassed for six months due to the refusal to issue him his relieving letter. This letter is a statutory right under the Central Industrial Employment (Standing Orders) Act of 1946.
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“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, Rangareddy 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 two-month 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.
