Braveheart Employee takes IBM Daksh to Labor Court

We already know that employees have started to assert themselves – the rest are learning slowly and (maybe) painfully.

This Braveheart of employee of IBM Daksh wrote to us for support but after he had taken things in his own hands (APPLAUD). To tell the truth friends like him are who we look upto .. and he has our un-conditional full support. Here is what happened first hand and what he wrote to us.

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In an unprecedented move, that will surely be applauded by many in the BPO industry, a case has been filed against IBM Daksh in the Labor Court of Gurgaon against the unfair labor practices, failure to follow the Principles of Natural Justice and for the violation of provisions as laid down in the Constitution of India.

As a reflection of its callous attitude and an autocratic, authoritative style of management, with total neglect of employees’ right, IBM Daksh terminated the services of a long-term employee, on charges never made known to the said employee.

It is a globally accepted standard of procedures as laid down in Article 7 of the C158 Termination of Employment Convention, 1982 and the decisions held by the courts.

Explaining the Constitutional provisions of the Principles of Natural Justice, the Supreme Court held that the rules of natural justice require that —
(1) charged employee should be given notice of the charges he is called upon to explain and the allegations on which those are based;
(2) evidence should be taken in the presence of the charged employee;
(3) he should be given opportunity to cross-examine the prosecution witnesses;
(4) he should have the opportunity of adducing all relevant evidence on which he relies;
(5) no material should be relied on against him without giving him an opportunity of explaining such material.

IBM Daksh failed to prepare a charged sheet to enable the employee to make a defence. This is an Unfair Labor Practice mentioned in the Schedule V of the Industrial Disputes Act, 1947.

Due to the gravity of the charges leveled and the life-long implication of the foreseen decision, it is seen as very unbecoming on the part of IBM Daksh for its failure to initiate a full-fledged inquiry. This not only betrays the spirit of the management as well as is against the mandatory provisions laid down in the relevant Indian Law.

As has been charged by the employee,IBM Daksh neither validated the veracity of the charges nor prepared a charge sheet, but proceeded to pronounce the employee as guilty.

Before the initiation of a departmental inquiry, the employee was asked to resign and in the failure to do so, would be terminated. This reflects a malafide intention on the part of the IBM Daksh.

The employee has also charged IBM Daksh for its refusal to release the copies of statement of charges leveled, investigation details and report, if any, audio recordings of the proceedings and own representation. In a communication to the employee, IBM Daksh refused to divulge the same stating that it is an old case. This is against the laws of the land.

The employee has also charged IBM Daksh for intimidation, intrusion in to the privacy, for discrimination on the basis of sex, color and place of birth. This gives the employee direct access to approach the Supreme Court for relief.

Apart from these charges, IBM Daksh failed to pay the employee the incentives due and has held back the same.

The employee having served the organization for over four years and having taken many initiatives for the success of process and people, having displayed an impeccable character and attitude, it was a faith reposed by the employee on the employer as a result of employer-employee relationship, for the employer to act in a good faith, to come to a fair decision, to give fair trial to both the parties to the dispute, to which IBM Daksh completely failed.

The age old accepted norm of ‘Do as you would do if it were your own’ was trampled by the management of IBM Daksh.

We have initiated action on our part, the results of which will soon be seen.

regards,
Chief
(BPO Union 2.0)