Women employee of hmt tumkur gives legal replies for her false and fraudulent victimisation by superior

TO Mr. M. PANDARINATH Joint General Manager (E) HMT Watch Factory – IV Tumkur Dear Sir, SUBJECT: Explanation to your show cause notice REFERENCE: 1) Our complaint dated 11-04-2007, against Mr. Gopaliah, president of Employees co-operative Society of HMT Watch factory, Tumkur. 2) Show cause notice dated 05-06-2007 Ref no: WF – IV / HRM / 22836 / MC / 2007 1. I have made certain allegations against Mr Gopalaiah as per reference (1) above. But your honorable authorities failed to perceive that such allegation’s is not against the employment conduct. It is only against the conduct of Mr Gopalaiah in his capacity as a president of Employees co-operative Society of HMT Watch factory, Tumkur. 2. As per standing order 16.27, there is implied bar for me to communicate internal matters of company and its allied activities to an out-sider. I informed Honourable General manager for further action on the subject in a legal way. And also due to the fact that Mr Gopalaiah was a nominated director from the management side, i thought it is proper to go in proper channel, to bring mis-management of society inquired as per law. 3. I along with other persons who signed the complaint stand with our complete words in the complaint. As a elected director of the society i have full rights in making such complaints, just for the proper functioning and management of society. 4. We repeatedly requested concerned officer and investigating officer to refer the matter to Registrar of co-operative societies, as per Section 64 of Karnataka Co-operative societies Act 1959, Registrar of Co-operative Societies is the authority for making any inquiry into the mis-management of society. The inquiry made by any other person is wholly illegal and against the law of the land. 5. If the management has seen that whether there is any proper audit by co-operative department under the presidentship of Mr Gopalaiah and our allegation in regard to documents available in society, it may have found prima-facie case to refer the matter to Registrar of Co-operative societies. But such over-looking of management or concerned officials is termed as illegal act by our High court of Karnataka Ruling in a case of S.Siddaiah vs Registrar of co-operative societies and others reported in 1980 (2) Kar.L.J. 257. Wherein failure of concerned officials to take necessary action against the mis-management of co-operative society is termed as illegal act on the part of officialdom by the neglect of duty. 6. The report of investigation officer is biased one. It has not given us suitable opportunity to explain the incriminating events and materials. It has not seized the incriminating materials from society office, it has not verified whether there is audit compliance as per the co-operative society act and rules. 7. As per Section 63 of Karnataka Co-operative Societies act 1959, audit by the Director of Co-operative audit of any society is compulsorily have to be made once in a year. But Mr Gopalaiah has not made such efforts in his tenure. Such Legal violations will occur if there are any superior protections offered. If management fails even of now, employee’s welfare society does not achieve its noble cause. 8. Our allegations in the complaint are made in good faith, sub serving the interests of employees and company. My allegations are not false or baseless. My allegations against Mr Gopalaiah are not made with respect to his employment in the company. It is with respect to management of co-operative society. The employment standing orders of the company as quoted in show cause notice is not applicable. 9. Under Section 70 of Karnataka Co-operative Societies Act 1959 any disputes arising out of management or the business of co-operative societies shall have to be referred to Registrar of Co-operative societies, for its decision. No civil court, labour court, revenue court or industrial tribunal shall have the Jurisdiction to entertain the disputes. In view of this legal provision, your show cause notice, investigations and counter allegations are beyond the jurisdictional limits. 10. In regard to reference of my past records, under what circumstances such events happened and under what protests such things ensued are not relevant to answer and explain after 22 years of its occurrence. When iam declared innocent by any malicious criminal proceedings, it is highly deplorable and contemptuous to treat such suspension out of criminal proceedings as past misconduct. These past irrelevant things were maliciously made to get rid of me for not bowing to illegal and immoral wishes of some vested interests. In view of above explanations kindly drop the further proceedings and refer the mismanagement of co-operative society to the concerned department. Failing which i may be constrained to file complaint directly to the appropriate authorities seeking probe for all lapses. Thanking You Yours Sincerely DATE: 13-06-07 PLACE: TUMKUR (Smt. Baby alias Noorjahan) T.NO.22836 WORKER SUPERVISOR-INSPECTION HMT Watch Factory – IV Tumkur CC TO GM AGM (HR) TO Mr B.C.NAGENDRA MANAGER QUALITY CONTROL WATCH FACTORY-IV TUMKUR. Respected Sir, SUBJECT:- Explanation to charge sheet ( In actuality a show cause notice ) issued to me on 05-09-07. 1. It is true that I worked in General shift on 5th June 2007. 2. It is false to say that ‘I have created nuisance at 11. AM on 5th June 2007’ or any other days. 3. It is false to say that ‘ I have visited welfare office at 11. AM on 5th June 2007. 4. It is false to say that ‘ I created uncongenial atmosphere in front of welfare office’. 5. It is false to say that ‘ I abused AGM (HR) loudly using un parliamentary words’. 6. It is false to say that ‘ I have used words against him’. 7. It is false to say that ‘ I have allegated against AGM (HR) indulged in indecent activities’ either on relevant time or on any other time in an open way, but I have given complaint against AGM (HR) for harassing me to higher authorities. 8. It is false to say that ‘ I have used threat against AGM (HR)’ 9. It is false to say that ‘ I will bring mob from the colony and created scene in front of his house’. 10. It is false to say that ‘ said acts are reported as a retaliation to the show cause notice dated 05-06-07. 11. It is false to say that ‘ I have used the Quoted un parliamentary words or language. 12. I have not committed any misconduct under standing orders of the company as stated in your charge sheet or I have not violated any human decency to hurt any one in the factory premises or outside. 13. I have not committed any misconduct as referred in charge 1,2 & 3 of your charge sheet. 14. There is no cause of action to issue such charge sheet or to initiate disciplinary proceedings against me. 15. The incidents alleged are all concocted creations of AGM (HR) to suppress me and threaten me to withdraw complainant made against him to higher authorities. I bring to your kind attention the following set of facts. To prove that iam innocent with respect to charges and AGM (HR) is using your authority by misguiding and maliciously making efforts to falsely impute allegations with his concocted reports. 1. I was issued show cause notice on 11-06-07 and not on 05-06-07 as alleged in your charge sheet of 05-09-07. This is a prima facie proof of falsity in your allegations. 2. Sir as a manager of Quality Control you have counter signed in the show cause notice of 5th June 2007 by indicating date of 11th June 2007 on which it was served. I have placed my signature and date in the previous notice served on 11-06-07. This is a prima facie proof of the fact that I have no knowledge of show cause notice on 05-06-07. This is a prima facie proof of falsity in your allegations, and imputations. 3. If such things has really occurred Mr Pandarinath may have mentioned that in previous show cause notice. These things show that at any cost AGM (HR) wants to victimize me, just because I am a helpless women. This is nothing but gender bias and misuse of official powers for illegal threats in the name of standing orders. 4. On the alleged date of 5th June 2007 at 11-00 AM, I was working in my work place and not visited welfare office on the said date and time. The records in the work premises ( unless remained tampered by AGM(HR) ) themselves speak as to falsity of charges made against me. 5. It is against the principles of Natural Justice to issue charge sheet without issuing show cause notice. It is unfair and unreasonable to give only three days time seeking explanation for your baseless charges. 6. Your Charge sheet does not speak as to how the false allegations were reported? 7. Your Charge sheet does not speak as to who the false allegations were reported? 8. Your Charge sheet does not speak as to who reported it that ‘ it was a retaliation against show cause notice’. 9. The charge sheet itself self explanatory as to unfairness, victimization, cruelty, and gender bias meted to me at the instance of AGM(HR). HUMBLE PRAYER: It is my sincere prayer to stop harassing me psychologically with such baseless allegations PLACE: TUMKUR YOURS SICERELY DATE: 06-09-07 BABY @ NOORJAHAN T.NO.22836 WORK SUPERVISOR, INSPECTION, HMT WATCH FACTORY-IV, TUMKUR (NOTE: since I was not given endorsement as to receipt of my previous explanation to the show cause notice of 11-06-07 I was forced to offer this explanation through RPAD and copies to higher authorities.) ENCLOSURES: Copy of previous notice. Cc to: 1. Chief Administrative Department 2. Chief Human Resource Manager 3. The company Secretary. 4. The Vigilance and Security Officer. 5. Senior Officer CMD Secretariat. 6. Chairman & Managing Director. TO THE MANAGING DIRECTOR HMT LTD Dear Sir, Subject:- Complaint against Mr Venkateshulu (AGM HR) in victimizing me repeatedly and wasting company resources, by mis-utilising his official position. In reference to above subject from 2007, I was repeatedly victimized by Mr Venkateshulu (AGM HR) for raising some opposition in mis-management of workers welfare society. The harassment was made by having gender bias and misuse of official powers and also by illegal threats in the name of standing orders. Several reports of investigation officer’s was biasedly framed and creating many forged events with threats to his sub-ordinates he has victimized me in one way or other. Many enquiries have not given us suitable opportunity to explain the incriminating events and materials. For example in society miss-appropriation enquiry It has not seized the incriminating materials from society office, it has not verified whether there is audit compliance as per the co-operative society act and rules. This is made to shield one Gopalaiah who is very close to Mr Venkateshulu (AGM HR). I was issued with show cause notice on 11-06-07 and not on 05-06-07 as alleged in one of their concocted and framed charge sheet of 05-09-07. This is a prima facie proof of falsity in their allegations. The manager of Quality Control have counter signed in the show cause notice of 5th June 2007 by indicating date of 11th June 2007 on which it was served. I have placed my signature and date in the notice served on 11-06-07. This is a prima facie proof of the fact that I have no knowledge of show cause notice on 05-06-07. This is a prima facie proof of falsity in their allegations, and imputations. On the alleged date of 5th June 2007 at 11-00 AM, I was working in my work place and not visited welfare office on the said date and time. The records in the work premises ( unless remained tampered by AGM(HR) ) themselves speak as to falsity of charges made against me. The charge sheet itself self explanatory as to unfairness, victimization, cruelty, and gender bias meted to me at the instance of AGM(HR). I was repeatedly harassed and made me helpless victim by repeatedly demanding me to surrender for the illegal wishes of Mr Venkateshulu (AGM HR). I was so disgusted with the developments, many baseless charge sheets were made and enquiries were held and stopped in the middle, with no reasons. Many middle men pressurized me to bow to the wishes of Mr Venkateshulu (AGM HR). I was victimized to such an extent that iam having thoughts to end my life in dignified manner rather than being victimized under such immoral and illegal hands. I have already complained to all the heads of the organizations, but no one cared about my grievances. Day by day iam getting victimized and there is criminal intimidation and several times undue harassment with threats to dismiss from service with false charges. Iam begging one more time to give me either peaceful environment to work or let me have a permission to have my mercy death. Thanking You Yours Sincerely DATE: 14-02-2010 PLACE: TUMKUR (Smt. Baby alias Noorjahan) T.NO.22836 WORKER SUPERVISOR-INSPECTION HMT Watch Factory – IV Tumkur TO Dear Sir, Subject:- Complaint against Mr Venkateshulu (AGM HR) in victimizing me repeatedly and wasting company resources, by mis-utilising his official position. In reference to above subject from 2007, I was repeatedly victimized by Mr Venkateshulu (AGM HR) for raising some opposition in mis-management of workers welfare society. The harassment was made by having gender bias and misuse of official powers and also by illegal threats in the name of standing orders. Several reports of investigation officer’s was biasedly framed and creating many forged events with threats to his sub-ordinates he has victimized me in one way or other. Many enquiries have not given us suitable opportunity to explain the incriminating events and materials. For example in society miss-appropriation enquiry It has not seized the incriminating materials from society office, it has not verified whether there is audit compliance as per the co-operative society act and rules. This is made to shield one Gopalaiah who is very close to Mr Venkateshulu (AGM HR). I was issued with show cause notice on 11-06-07 and not on 05-06-07 as alleged in one of their concocted and framed charge sheet of 05-09-07. This is a prima facie proof of falsity in their allegations. The manager of Quality Control have counter signed in the show cause notice of 5th June 2007 by indicating date of 11th June 2007 on which it was served. I have placed my signature and date in the notice served on 11-06-07. This is a prima facie proof of the fact that I have no knowledge of show cause notice on 05-06-07. This is a prima facie proof of falsity in their allegations, and imputations. On the alleged date of 5th June 2007 at 11-00 AM, I was working in my work place and not visited welfare office on the said date and time. The records in the work premises ( unless remained tampered by AGM(HR) ) themselves speak as to falsity of charges made against me. The charge sheet itself self explanatory as to unfairness, victimization, cruelty, and gender bias meted to me at the instance of AGM(HR). I was repeatedly harassed and made me helpless victim by repeatedly demanding me to surrender for the illegal wishes of Mr Venkateshulu (AGM HR). I was so disgusted with the developments, many baseless charge sheets were made and enquiries were held and stopped in the middle, with no reasons. Many middle men pressurized me to bow to the wishes of Mr Venkateshulu (AGM HR). I was victimized to such an extent that iam having thoughts to end my life in dignified manner rather than being victimized under such immoral and illegal hands. I have already complained to all the heads of the organizations, but no one cared about my grievances. Day by day iam getting victimized and there is criminal intimidation and several times undue harassment with threats to dismiss from service with false charges. Iam begging one more time to give me either peaceful environment to work or let me have a permission to have my mercy death. Thanking You Yours Sincerely