Monday, November 15, 2010

[rti_india] I find justice in India a strange thing : "Centre told to form Army grievance redressal panel" - PIL under Article 32 to Hon'ble Supreme Court for Inclusion of two vital areas of employee grievances in the Grievance Handling Procedure for IOC Officer

 

Dear All,

This has reference to media news:


NEW DELHI: The hedging by the Centre to its suggestions to address grievances of armed forces personnel, both serving and retired, to curb indiscipline and show of anger by them, made the Supreme Court on Monday order the setting up of an Armed Forces Grievances Redressal Commission within two months.

A Bench comprising Justices Markandey Katju and Gyan Sudha Mishra said the commission, headed by a retired Supreme Court judge, will look into any grievance sent to them in writing or by e-mail by serving and former members of the Army, Navy and Air Force or their widows or family members and make suitable recommendations expeditiously to the central government. 

In the matter of grievance redressal system for employees, on collecting information under RTI from Indian Oil Corporation Limited (http://xrl.us/bh7zkp) after correspondence with Chairman IOC level & administrative Ministry MOP&NG and DoPT as also PG PMO, what I find is that:  

In an unreasoned manner, as confirmed under RTI by Mr V C Agarwal, then Director (HR) Indian Oil to me, Indian Oil has treated Employee Performance Rating as Confidential for the last for more than five decades and not shared them disrespecting Govt of India Orders including PG PMO and even Supreme Court Judgements.  

On the top of it, the following have been excluded from Indian Oil Grievance Handling Procedure for IOC Officers for more than four decades.

i) Annual Performance Appraisals / Confidential Reports.

ii) Promotions including DPC minutes and decisions.

Incidentally, this has been denied to me against formal written requests as also under RTI for my career spanning nearly three decades with IOC from 1978 to 2007.

By such institutionalised, unjustified and illegal system, Indian Oil has worked under total secrecy and also denied IOC Officers the fundamental right to justice paving the way for merrily committing all sorts of crimes with thousands of Officers and their families to deny due to the deserving employees and pushing up no. of corrupt & rogue Officers like Mr O N Marwah, Mr M S Ramachandran, Mr Arun Mitra, Mr P K Agarwal, Mr RNJ Mathur, Mr Sarthak Behuria, Mr V C Agarwal, Mr G C Daga, Mr B M Bansal, Mr A K Rauniar, Mr Gautam Dutta, Mr J S Kaushal etc.....to commit crimes against humanity.

While my pleas since 2006 for amending the Grievance Handling Procedure have fallen on deaf ears of Chairmen IOC, Secretaries MOP&NG and Prime Minister as also the Presidents of India, I only wish the Supreme Court had responded to the PIL that I filed in 2007, by email, as a layman, and come to the rescue of these seriously suffering Officers due to high-handed working of Directors of IOC very well supported by PMO in the criminal activities. 


Regards,

-- 
(Babubhai Vaghela)
C 202, Shrinandnagar V, Makarba Road Vejalpur, Ahmedabad - 380051
M -  94276 08632

http://twitter.com/BabubhaiVaghela
About me in Annexure at - http://bit.ly/9xsHFj
http://www.youtube.com/user/vaghelabd
(Administrator - Google Group - Right to Information Act 2005)
http://groups.google.com/group/Right-to-Information-Act-2005/about?hl=en

Enclosures, obtained by me from Indian Oil using RTI, put in public domain at-

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---------- Forwarded message ----------
From: Babubhai Vaghela <vaghelabd@yahoo.com>
Date: Fri, Feb 9, 2007 at 6:47 PM
Subject: Public Interest Writ Petition under Article 32 to Hon'ble Supreme Court for Inclusion of two vital areas of employee grievances in the Grievance Handling Procedure for Officers of Indian Oil Corporation Limited
To: supremecourt@nic.in
Cc: Vaghela B D <vaghelabd@yahoo.com>, Vaghela B D <vaghelabd@indianoil.co.in>


9th February 2007
 
Hon'ble Chief Justice of India,
Hon'ble Supreme Court,
Tilak Marg,
New Delhi - 110001

Your Honour,

The petitioner hereby submits the public interest writ petition under Article 32 of the Constitution of India to the Hon'ble
Supreme Court of India.

This petition pertains to the request for a suitable direction to Chairman, Indian Oil Corporation Limited (IOCL) to include two vital areas of employee grievances, in the existing Grievance Handling Procedure of IOCL meant for Officers, that have been excluded.

A. Background:

1. The petitioner made representation dated 19th September 2006 to Shri Sarthak Behuria, Chairman, IOCLNew Delhi (forwarded herewith for kind reference) for including the following two areas of employee grievances in the existing Grievance Handling Procedure of IOCL for Officers as they have been excluded for unknown reasons.

i) Annual Performance Appraisals / Confidential Reports.

ii) Promotions including DPC minutes and decisions.

2. However, till date, neither the petitioner has received any response to the representation made to Chairman IOCL on 19th September 2006 nor received the revised Grievance Handling Procedure incorporating those two areas of employee grievances.

3. The petitioner, therefore, is filing this writ petition, under Article 32 of the Constitution of India, to the Hon'ble Supreme Court with a request to issue suitable direction to Chairman IOCL to include these two areas of employee grievances in the already existing Grievance Handling Procedure of IOCL for Officers and also issue revised Grievance Handling Procedure on priority.

4. The writ petition is made in the larger public interest involving the fate of thousands of Officers of IOCL who (due to non-inclusion of the said items) have been and are being deprived of the opportunity to redress their genuine grievances resulting out of the said areas of the employee grievances.
 
5. The two excluded areas of the employee grievances are highly crucial. They not only have a strong bearing on the careers and the lives of IOCL Officers but also on their motivational level / organisational health / Industrial Relations (IR) climate of the organisation and on rendering the customer service. However, they have
been excluded for reasons best known to IOCL Management.

6. On inclusion of the requested areas of employee grievances, the Officers (presently employed as also would-be-employed by IOCL) shall have the institutionalised / well spelled out procedure for redressal of
their grievances resulting out those two areas, they can get legitimately due to them. This can help improve their family lives. This can also help improve the productivity and the performance of the organisation
thereby benefitting the country.

B. Relief / Prayer sought:

In the light of the foregoing, the petitioner hereby prays the Hon'ble Supreme Court for 
appropriate order to Chairman IOCL on including these two areas of employee 
grievances in the Grievance Handling Procedure of IOCL for Officers and also issue
the revised Grievance Handling Procedure on priority.

Submitted in the interest of justice.

Thanking you,

Yours Sincerely, 

 

(Vaghela Babubhai Dhudabhai),
Sr. Manager (Pricing, Planning and Economic Studies),
Indian Oil Corporation Limited,

3rd Floor, Shikhar Complex,
Mithakhali Six Roads, Navrangpura,
Ahmedabad - 380 009

Office - 079 2656 8867

M - 94276 08632
Resi
- 079 2754
1157
Email - vaghelabd@yahoo.com

Residential address:

202, Sarap, Opp Navjivan Press,
Off Ashram Road,
Ahmedabad - 380 014

---------- Forwarded message ----------
From: Babubhai Vaghela <vaghelabd@yahoo.com>
Date: Sep 19, 2006 6:02 AM
Subject: Representation to Chairman IOC for including APAs & Promotions in existing Grievance Handling Procedur
To: skgupta@indianoil.co.in
Cc: behurias@iocl.co.in, gcdaga@indianoil.co.in, msridara@indianoil.co.in, chatterjeet@iocl.co.in, Vaghela B D <vaghelabd@indianoil.co.in>

 

19th September 2006

Chairman, IOC,

New Delhi

 

(Through Proper Channel)

 

Dear Sir,

 

Your kind attention is invited to the policy of the Corporation on employee Grievance Handling Procedure.

 

It is observed that the following crucial matters pertaining to the career and life of each and every officer of IOC has been in excluded from the said policy.

 

Quote:

 

Grievances pertaining to or arising out of the following shall not come under the purview of the grievance procedure:

 

i)                    Annual Performance Appraisals / Confidential Reports.

ii)                   Promotions including DPC minutes and decisions.

 

Unquote:

 

Non-availability of the institutionalised provision on these areas deprive the officers of the opportunity to redress their grievances arising out of the same. This is against the natural justice and cannot be considerable desirable.

 

Further, if all other matters pertaining to the service conditions can be included in the Grievance Handling Procedure, there is no reason why these two matters should be specifically excluded.

 

Incidentally, these matters primarily pertain to an individual and cannot be effectively redressed through the route of the collectives who have other major organisational issues to deal with concerning the whole lot of officers.

 

It is, therefore, requested to kindly get these excluded matters included in the existing policy at an early date.
 
The requested measure shoud go a long way in improving employee satisfaction and better organisational performance.

 

Submitted for kind consideration at an early date.

 

Thanking you,

 

Yours Sincerely,

 

 

 

(Vaghela B D),

Sr. Manager (PPES),

IOC GSO Ahmedabad

 

Advance Copy:

 

Shri Sarthak Behuria,

Chairman, IOC,

New Delhi
 
CC: Shri G C Daga, Director (M) IOC HO Mumbai

 

CC: President / General Secretary, IOOA, Mumbai


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