FITE seeks legal advice on petition against Cognizant's job layoffs

It may need to file separate pleas for individual and joint petitioners in its case against IT major

The Forum for Information Technology Employees (FITE) may need to file two separate petitions for individual and collective petitioners, in order to proceed with their complaint on allegedly illegal layoffs by IT major Cognizant.

FITE is consulting with legal experts on how to go ahead with the case and whether it would require a registration as a union to file a collective petition. The foris in the process of registering as a union. 

FITE has been organising protests against job layoffs by information technology (IT) companies.

The joint commissioner of labour (conciliation), office of the Commissioner of Labour, Chennai, met not only the Cognizant employees who filed the complaint, but also the company management to inquire into the matter.

Around 19 former and current employees of Cognizant were present in the meeting and the joint commissioner of labour (JCL) sought them to file separate petitions. Four out of them have already submitted their resignation.

According to FITE officials, those who have already resigned have to file individual petitions under Section 2A of the Industrial Disputes Act, 1947.

Existing employees have to file a collective petition under Section 2K of the Act. This is usually filed by registered trade unions seeking redress on behalf of its union members.

"We are expecting to file the petitions in a day or two," said Vasumathi, president of FITE in Chennai.

Cognizant officials met the JCL separately and reiterated that there has been no layoff in the company, the forum leaders said. Cognizant declined to comment on the developments in the meeting.

Sources from the labour department said the meetings were just to inquire about the situation and there is no conciliation procedure as of now.

FITE is expected to file a petition against Cognizant in Pune on Thursday. 

It would also file a petition against alleged layoff in Tech Mahindra in Hyderabad on Thursday, it added.

Meanwhile, NDLF IT Employees Wing, the Tamil Nadu-based registered union for the IT employees, has said that it is planning to start branch level unions in Cognizant and Wipro in next couple of weeks.

"As per our by-law, a union can be formed if at least 10 employees of a unit are ready to join the union. We have employees from Cognizant and Wipro ready to form unions and we are in the process of forming a union in Tamil Nadu in these two companies," said Kumar S, worker at NDLF IT Employees Wing.