TCS Employee wins Gratuity Case after Forced Resignation

A Mumbai-based TCS employee has won a significant legal battle after being forced to resign while attending to his father in the ICU.

The employee had worked with the company for seven years and was denied his rightful gratuity despite having sufficient leave balance.

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The case, which reached the Mumbai Labour Office, has raised questions about employee rights and termination practices at one of India’s largest IT firms.

What Happened

Last year, the employee was pressured to resign during his emergency leave.

The Forum for IT Employees (FITE) highlighted that TCS not only forced him to resign but also denied his gratuity.

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After reviewing the complaint, the Labour Commissioner summoned TCS management, warned them against unfair labour practices, and ordered the company to pay full gratuity for the seven years of service.

This case is part of a broader concern over how TCS has handled employee exits, with similar incidents reported, including a senior employee with 29 years of industry experience allegedly forced to quit while awaiting surgery.

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The Broader Lesson for Employees

The outcome reinforces that private-sector employees have legal avenues to challenge unfair workplace practices, even against large corporations.

FITE emphasized, “The Labour Office/Labour Ministry has full authority to question company policies regarding layoffs, forced resignations, wrongful terminations, or withheld dues.

Your rights are protected only when you raise your voice.”

For employees, this case serves as a reminder: speaking up can lead to justice, and employers are accountable under the law.

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