Dear Sir(s),
With reference to your communication Ref No ICAI/HRD/K-4/2013 dated
20-06-2013, as received by email of same date and duly acknowledged by the
recipient, the hard copy of which was received at 04:35pm of 24-06-2013, the
undersigned wishes to seek following information from your good office, and
through it, convey the same to the concerned appropriate authority of the
institute:
1) Reasons for not having any formal written communication with the
applicant, since 07-03-2008, on the issue in spite of repeated communications
by the aggrieved in this regard.
2) You have referred to my letter dated 23-05-2013. Has not the office
received various other letters as sent by undersigned on 06-09-2010
(Speedpost:EU489318938IN); 01-05-2013(EU855242374IN); 06-06-2013(EU195924916IN)
etc. Further, the aggrieved has been intimated by the office of Shri Sriprakash
Jaiswal, Hon’ble Union Minister of Coal, Govt. of India, that as per the
undersigned’s communication dated 06-06-2013 with his office, a letter has been
issued to the office of President-ICAI on date 10-06-2013 for the matter to be
considered on priority and on lawful grounds, as the contents of the
application were found to be self explanatory by the hon’ble Minister himself.
The undersigned wishes the office to acknowledge the receipt of this
communication and action taken against it, if any.
3) Further, your above said letter states that "on evaluation of
your performance and interview..."
3A) As per Approved Office Note dated 01.09.2010, arrear amount of
Rs2500/-pm (for 22 months though in place of 6 months) was released to the
undersigned only after receipt of due recommendation of his performance by the
concerned Regional Head which was duly mentioned and certified vide applicant's
Annual Performance Appraisals. Then, how can be a lower post offered to the
applicant on the basis of "Performance Evaluation" as mentioned in
your communication dated 20-06-2013
3B) Still, the applicant wishes to know whether any underperformance has
been observed or any discrepancy reported in his performance? Has it been
mentioned in my appraisals and marked to the undersigned for making requisite
corrections? Whether the undersigned was informed at any time during this
five-year period, in written, that his performance has shortcomings, and was
offered a chance to make necessary improvements? Please refer to appropriate
statutes of your offer of engagement in this regard, and the conditions
governing the probation period.
3C) As regards "Interview" as mentioned in your communication
dated 20-06-2013 and referred to as above, kindly comment:
3Ci) Whether any interaction between the higher authority of the
organization and an employee is termed as an "Interview"?
3Cii) Whether the undersigned was informed in written that this formal
interaction will form the basis of his confirmation/promotion within the
organization?
3Ciii) Further, please note that as per Contract of Engagement, as
offered to the undersigned vide ICAI/HRD(P)/Rectt/2008 dated 07-03-2008 by
virtue of which the undersigned joined this organization only after resigning
from the services of his previous employer, did not mention at any place about
any such prerequisite to the confirmation after probation period is over, and
neither was any such stance intimated, within sufficient period, to the
applicant during his entire period of service.
4) As per your mention of "...more than 60 persons consented and
had accordingly been absorbed." as mentioned in your communication dated
20-06-2013, kindly note/comment that:
4A) What are the legal grounds to justify that if 60 persons, recruited
as MT for consideration as EO after end of probation period, accept the offer
to the post of SO (a much lower rank to the post of EO as assured to them vide
their offer letter), the applicant should also accept the same following their
example.
4B) Those MTs who accepted the offer of SO, in place of EO, must have
their personal problems and pressures to accept even what was legally and
ethically wrong on the part of the institute and such an act by the authorities
of the institute, including the hon'ble president; secretary; executive
committee members etc of concerned time span reflect mass-victimization of its
fresh recruits at institute's end and also conveys gross violation of
humanitarian and corporate/labor laws and, in general interest of all affected
parties, certainly calls for disciplinary action by external appropriate
authorities/tribunals/regulators.
4C) Further, what was the basis/grounds of recommendation and
confirmation of many MTs as EO who have joined the organization on a date much
later to date of joining of the applicant [ e.g. Lokesh Aggarwal
(DOJ:07-07-2008); Uma Suresh (DOJ:31-10-2008); Anindita Kundu (DOJ:16-10-2008)
and Priyadarshini Mehta (DOJ:19-01-2009) as per Approved Office Note dated
01.09.2010 ], and so many other such cases.
4D) What were the reasons for such discrimination; favoritism and biased
practices being observed in process of confirmation/promotion of employees,
increasing sycophancy in the organization rather than improving the
work-culture, thereby enhancing the professional reputation of the institute. I
understand that the organization may reward (though, through other means such
as your out-of-turn scheme etc) few but the interests and rights of others
shall also be equally protected, ensuring them equal opportunities of career
progression and personal improvement. Therefore, such offers to below ranks
stand invalid; illegal and inhumane.
4E) No organization has any right to keep an employee on probation for
indefinite and unspecified period, when the same is specifically mentioned in
terms of conditions of the probation to be of not more than one year. The
organization must have reviewed the applicant's performance and communicated
its decision to the employee within some reasonable time whether the probation
has been extended and for what further period. If the management forgets to
discharge its duty to review the case of the employee the employee cannot be
penalized for the fault of the management and unfair labor practices.
Therefore, above points 1-4 clearly affirm that your past actions and
negligence and your communication Ref No ICAI/HRD/K-4/2013 dated 20-06-2013,
are a combined process of victimization of undersigned with malafide intentions
of making him a scapegoat to defend the organization's unlawful decisions of
past, offering and taking acceptance from the trainees, under intangible
tactics, for a lower post after end of probation than assured through offer letter,
and constantly delaying justice to the aggrieved applicant. Thus, terms and
conditions of offer of employment as issued to the undersigned are grossly
violated, denying principles of natural justice and demonstrating undemocratic;
discriminatory and in-transparent practices being observed by this autonomous
body, established under an act of parliament and under direct
control/supervision of Ministry of Corporate Affairs, considering its employees
as financial liabilities in master-servant relationship rather than human
assets as per concurrent corporate tenets. Such an organization of worldwide
repute, imparting professional education to aspiring CAs who will be
responsible for accountability of Financial India, fails on its part to issue
timely confirmation order to its employee, defying and challenging the law of
the land on account of defective terms
of agreement, as against the interests of the employee, entire administrative
apparatus remaining insensitive to career-growth; financial security and well
being of its workers, adopting discriminatory practices and dilatory tactics.
Please note that pro-employee statutory provisions supersede contractual
obligations and are based on the ‘principles of natural justice’ which are
justice, equity, good conscience and fair play.
Also, the Indian Constitution, through the Directive Principles of State
Policy, requires the nation to bear the primary responsibility for developing
an appropriate system to protect and assist its workforce by framing of
appropriate social security policy for workers, administration of all the
legislations relating to social security and implementation of the various
social security schemes, covering the spectrum of preventive, promotional and
protective measures for labor welfare.
I am aware that, as a whistleblower, I may suffer undesired results;
blasphemy; accusations; transfer; disciplinary action etc, but through this
communication I seek amnesty of the hon'ble president and secretary of the
organization and an assurance that my interests and records will be protected
as per ethical office procedures.
Finally, I also request the appropriate authorities at the institute to
review the offer of position of SO as extended to applicant, in light of above
facts and under principles of natural justice, and communicate the decision, in
written, to the applicant, within ten days of receipt of this communication. If
the authorities so desire, they may conduct a proper/fair self-appraisal of the
applicant as on date, reviewed through sectional head and recommended by
concerned regional head, as per office procedure, to ensure satisfactory
performance of the applicant.
Thus, my prayer for seeking long-delayed justice, as per terms offered
in my appointment contract, is as summarized below:
1) Confirmation at the Post of E.O. w.e.f. 07-04-2009
2) Payment of all arrears and annual benefits (viz. Medical benefits;
annual lump sum) etc. w.e.f 07-04-2009
3) Award/Payment of additional benefits, due, if any, as per prevailing
HRD Policy of the institute.
4) Recovery of additional arrears paid Rs40000
[(Rs2500*22months)-(Rs2500*6months, as actual due)]
5) Credit of Annual Earned Leaves in my leave account, as per office
rules, w.e.f 07-04-2008
Thanking you in anticipation of legitimate consideration of my prayer,
and inform the applicant within stipulated time limit as mentioned as above.
Kindly acknowledge the receipt of this
mail.
With due regards,
Atal Bajpai,
Management Trainee,
Accounts & Administration Section,
The Institute of Chartered Accountants of India,
Central Region Office,
ICAI Bhawan, Post Box No.314,
16/77-B (New No.16/191), Civil Lines,
Kanpur-208001.
Email: atal.bajpai@icai.in
