Discrimination & Harassment@Tech Mahindra

“Health and wellness is a key concern and we promote awareness through events, activities and various health related awareness programs. We also have a doctor, nutritionist and a wellness consultant visiting the campuses on a regular basis. Our in-house gym gives employees an opportunity to stay fit.”
Tech Mahindra website

Know your MNC

Tech Mahindra Limited

Dear Anjali (Human Resources)

As per our telecon, I'm providing you with the details in chronological order about the incident happened with me at Tech Mahindra Limited, Noida Sector-64 office.

"No Concerns towards Health and Wellness of its employees"

March 24, 2008: Reported to my supervisor, about my sickness, requested for a leave, however not allowed for the same. Continued working with severe health problems. Manish (supervisor) asked me that it would affect his performance if he allows me to take a leave.

March 30, 2008 : The condition accumulated to get worse, got hospitalized finally at Kailash Hospital, Noida around 3 P.M. in critical conditions. March 30 was my weekly off.

March 31, 2008: Informed my then supervisor - Manish Bharti, telling him clearly that I was hospitalized and it would take a week to me, at least, to get well and back to work [ as per doctor's instructions]

April 5, 2008: Got discharged from hospital, doctor prescribed for a 7 days rest. Hospitalization expenses or Rs 21,000.00 were borne by the GENIS India Limited.

April 6, 2008: I went office for a short period to meet one of my colleagues, when this incident took place.

1) I found my access card inactive, called Arpita (HR) who managed to get me on operations floor.

2) Arpita (HR) asked Preeti (supervisor) to arrange a conversation with Saurabh (Assistant Manager - Operations)

5) Now, Preeti took me to Saurabh. Saurabh told me about absconding policy and asked me whom I reported about my illness and hospitalization. On my answer, he ringed Manish. Manish lied and said that I had not made any call to him. [I called Manish and Arpita, both, from Hospital landline and same can be verified from hospital records]. At this point, Arpita also fabricated one thing that she had told me to keep reporting to my supervisor regularly. However, in reality she had answered me a simple "All right!”

Harassment @ Tech Mahindra

3) Before I could reach to Saurabh, Rakesh, a HR personnel interrupted, started shouting at me - “You did a fraud, show me your ATM (Debit) card and this is the only reason why you have not been coming to office so far. Your ATM card is with another associate, Tarun Kumar. You have illegally withdrawn his salary from his bank account". I was surprised and said a no, however, he accused me of telling a lie - " Dont teach me false reasons."

4) Saurabh then said to me that nothing could be done and he told me about my termination. He said that they tried to contact me [all my emergency numbers were there with company and I dint get any call on any of my alternate numbers]. He asked one of his colleauge to collect my badge and asked me to sit for a while. Before this, beside illness, throught the episode, I was kept standing in front of many of senior people, badmouthing at me, shouting and interrogating in a humiliating and rude way, treating me like an accused of a serious criminal case. No one showed any concern towards my illness and my health conditions. After 5 minutes, Saurabh (AM) instructed me to leave the office without any clarification, and so I came back home. I was feeling like stranded in a disaster. I was wondering about the treatment towards me from such a PCMMI Level 5 organization.

7) After reaching home, I called Sudha Yadav (HR) and reported to her this incident. She asked me to visit the office the next day telling me that she would arrange my meeting with senior people, concerned.

Life & Culture@Tech Mahindra
People form the core of our organization and we believe that they are our greatest asset. As a result, Tech Mahindra endeavours to create the best work place for people that would help combine efficient work with a balanced life.


April 8, 2008 : I reached at office at 12:30 PM. I met Sudha first. Saurabh, Rakesh and Manish were already there. Again, they all started speaking in a rude and unprofessional way. Suddenly Rakesh gave me a blank paper and said, " Put only your signature on this paper and thats it. Your resignation is all over. Now happy!". I was surprised to see that in a SEI CMM Level 5 company, processes and policies can be changed in such a way- then and there. I apposed of this and requested Rakesh to give me a helpline contact where I can raise voice against this. It was again laughed off and he said," I am Tech Mahindra, note down my mobile number". After some time, Rakesh came up with another policy. He said," We'll assess your past performance and based on that your re-joining is possible, but reversal of termination is not possible". Meanwhile, Mukul ( Manager HR) appeared there and after learning all this he said, " There is one possibility left, If Saurabh or Ops people can accept you and want you to continue, the termination can be reversed", and he arranged a meeting with Rachna ( Process Manager). Rachna told me that based on your past performance assessment, rejoining is possible and HR dept will contact you withing two days i.e. on 8th April only or on 9th April.

I came back. I waited but was not given any response so again I called Sudha. She asked me to call Rakesh. Rakesh responded me with an abusive language and asked me not to call him again. However, when I insisted to speak to Mukul, Mukul spoke to me and told me that they are investigating and trying out the best possible resolution which would be communicated to me sooner.

After waiting for 3 days, I called Mukul again and he replied me with the earlier answer, and today, after almost 10 or more days I am still waiting for the same.

Now, today when I contact Pune office, I was given your contact information. It has created a feel of being disrespected, harassed and cheated by such a respected organization of repute. It is about being a month and I am finding myself helpless. This has now started to play a big role in my physical and mental health. I have totally no words to express what I have been through during this time. There have been times when I felt I have been cheated and let down. There have also been times when I have felt neglected as no concern was shown towards me and all my pleas of distress have fallen on deaf ears.

The saddest part of all these events is that Tech Mahindra has not shown any concern towards health and safety of its employee. All my pleas have gone unheard.

I hope this will not go unheard. Hoping for a positive reply.

Thanks & Regards,
Anikesh Kumar Singh
Emp ID: 36201

On Mon, Apr 28, 2008 at 7:39 PM, ANIKESH KUMAR SINGH wrote:

Dear Sujit [Vice President]

This is to report you an incident and request you to kindly look into this matter. It has been about a month and today (28th April), as per Mr. Mukul's call, I had a meet with concerned people at office, however, still I have not been provided any satisfactory resolution/answer.

At this point of time, I have been left with nothing than writing you directly as all my pleas of distress/disbelief have gone unheard. I did not make any crime to join Tech Mahindra Limited, and the kind of treatment I am being given is really not professional, not acceptable and not legal, as well. The following e-mail content would give you a glimpse of what I have been suffering through these days.

Please investigate the same and do me the needful.

Hope this will not go unheard.

Thanks

Anikesh Kumar Singh
Emp ID: 36201

From Gursharan Singh <mailto:gss@techmahindra.com%3Eto ANIKESH KUMAR SINGH <anikesh.kumar@gmail.com>
CC: Mukul Sah <mukuls@techmahindra.com>,

Rajeev Narang <nrajeev@techmahindra.com>
Date: Wed, May 7, 2008 at 5:47 PM

Subject: RE: URGENT: Incident of employee harassment, unethical practices, inconsistency in HR process/policies at Tech Mahindra Limted, Noida.


Anikesh,

Marking your email to Rajeev / MukulThey will take this a head.

Thanks.

Rgds…GS,

Gursharan Singh Tech Mahindra

A-7, Sector - 64, Noida 201 301( Office: +91 -120- 4652000 Extn:2004 +91-9811205119

Email:- gss@techmahindra.com http://www.techmahindra.com/

On 5/7/08, ANIKESH KUMAR SINGH wrote:

Hi,

Please let me know if there is any progress/update regarding the issue or my mail is being treated as a spam.

Thanks
Anikesh Kumar singh

From: Mukul Sah <mukuls@techmahindra.com>to"anikesh.kumar@gmail.com"
CC: Gursharan Singh <gss@techmahindra.com>,

Rajeev Narang <nrajeev@techmahindra.com>

Date: Wed, May 7, 2008 at 7:08 PM

Subject: FW: URGENT: Incident of employee harassment, unethical practices,inconsistency in HR process/policies at Tech Mahindra Limted, Noida.

Mailed-bytechmahindra.com

Hi Anikesh,

We discussed in the afternoon about your re-hiring with the batch starting from next Monday and ask you come tomorrow at 1:00 PM to complete the formalities that you agreed and expressed the pleasure to take care of your concern. However, I could not understand the intention of your mail sending to different official again in which I am not copied. Please let me know in case still you have any concerns.

Regards,

Mukul

Re-hired and joined on 8th May 2009,

Experience the difference …..Come experience Tech Mahindra!!

My Experience:

• No service certificate for the period of Feb 2008 to March 2009, No salary for the month of April, More than one month of gap. Issues of harassment, abuse, unethical practices left unaddressed.



• Still happy! Yes!!



• Local Management starts abusing authority through harassing in some or other ways!]
  

Tech Mahindra offers a fast-paced career with global exposure to best business practices and a chance to be at the forefront of cutting-edge technologies. We believe in a vibrant and open door approach where hierarchies do not matter.

From: BHARAT JUNEJA [Team Leader]
Sent: Saturday, November 01, 2008 09:27 PM
To: Anikesh Singh
Cc: Rachna Raaj; ALOK BABBAR; Aftaab Sharma; Shantanu.3.Sharma; Jitendra Kumar Trivedi; Arpita.2.Roy; Nidhi Gulati

Subject: Why you are misusing T.L Aux?

Hi Anikesh,

I told you to go for a Long Break because you are asking me break for the past few minutes.

Please explain why you have used T.L Aux instead of Long Break Aux.

Attached is the screen shot for your reference.

Thanks & Regards,
Bharat Juneja Team Leader: Operations (TTSL PROCESS) Tech Mahindra Ltd.
A-6, Sector-64, Noida (UP) 201301 (Office:+91-120-4005001(Ext.4448 Cell: +91-9971572345

At Tech Mahindra, one can find plenty of cases of-
Authority abuse to discriminate and harass employees using unfair techniques like not allowing leaves, not allowing taking breaks, marking un-scheduled leaves.
Violating labour laws at large scale.
Harassing employees to the extent so that employee simply gives up, surrenders and resigns the company.


Attached is the screen shot for your reference.


Reference: Labour Law

From: Anikesh Singh
Sent: Sunday, November 02, 2008 02:36 PM
To: BHARAT JUNEJA
CC: Sriram Veeravalli Sevellimedu; Rajeev Narang; Aftaab Sharma; Sujit Baksi

Subject: RE: Why you are misusing T.L Aux?

Hi,

Please forgive me for marking this e-mail beyond my reporting hierarchy.
This is to let you know that the concerned break code was selected by mistake, and I could came to know about this only when I returned to work. I, sincerely, apologize for the same, if, it resulted as a blunder mistake that could not be handled at your end, however, I would have appreciate you instead of marking mails to other officials, you have asked me for the explanation.

At this point, I'm sorry but I've left with nothing than to ask you for a few answers against your specific and unprofessional behavior towards me and your not so good negative team handling attitude. Ever since the time, we've been working in a team, I have experienced that you have been exploring every possible opportunity to harass me and show me the exit door.
To start with, let me come up with some older stuff. Prior to hospitalization, in the month of July, precisely on July 27th morning, what an inhumane and rude treatment you've offered to me when I requested for a sick leave to visit a doctor. In such an emergency situation, you refused for the same and forced me to come to office and although, you had assured me that you would take care of my problem, upon having reached to office, you asked me to get logged in and start working despite severe problems as I was not able to even sit. When I protested, with what authority, you asked me to leave office forever. You had nearly snatched my badge, and also instructed the security personnel not to let me in. Then after, you tried your best to prejudice the CMO (Chief Medical Officer) at Kailash Hospital that I was pretending the illness to get rid of my work and the company might throw me out, this is what he told to my family. What a shameful ignorance. Please explain.

One time, when I have informed you that I was not well at around 8AM (my shift was from 3 PM), I had been marked an UL. I had passed the information well before then why an UL? Am I completely depending on mercy of yours and you have the full authority to influence/affect my work records/data. Why have you been so biased in your decisions?

Recently, I was declared accused for some junk mails found undeleted in my email-box, along with some other associates who were even found chatting over mails and chain mailing. Why I only was trailed for hours and what support you have given to me instead of continuously forcing me to sign resignation letter pre-printed along with many of your colleagues, and, continuously harassing/threatening me that you people were going to terminate my employment, if I would not sign the resignation. Still I am being subjected to sign a warning letter for certain performance related issues. Please find some data facts attached herewith and have a look over it. Identify the issues where a warning letter/termination/forced-resignation is really required and is the only resolution. Also, let me know, if possible, that how many of under performing associates (although I am not the one) are being given this kind of treatment and if not then why?

You have marked this mail and to add to my answer, I would like to remind you that after logging in about 3:09 PM , you continuously declined my requests for a break till 9:15 PM (continues six long hours I had to work without a single minute break). However, many of the other associates were allowed to break out during this time. Why you have not allowed me only? Is this decision of yours not biased and a harassing one?

I have requested you for a leave for a couple of days in the falling November, as I have to attend a marriage ceremony at my home town and because of this only I have not taken any leaves recently and even at Diwali so that I could accumulate my leave balance. The company has a provision of leaves and a self service application, AMS, is there in place to facilitate one to plan leaves. Despite several continuous requests, you have not got its password for me reset and now at the eleventh hour, you are informing me that the leaves have not been approved. You are my supervisor and why have you been so ignorant to my personal requirements. Don't you have any concern?

What I have felt is that because of certain personal (not professional) reasons, you are making me your target. And what I could remember is nothing but instance I have declined one of your undue favor - a bottle of liquor.

This is in fact very unfortunate to me to write all this stuff but now your rudeness and ill behavior is beyond my tolerance limit. I have been a not so bad performer in your team and the practices, you are following is causing a serious concern to me, an unhealthy team environment and eventually, adding a cost to company. You have always attempted to make smaller things that would have been very well worked out, big issues instead of playing a role of a true mentor focused on team building and team empowerment through one to one counseling at times.
I believe you would spare some time to revert to this e-mail.


Thanks & Regards
Anikesh Kumar


Tech Mahindra offers you one of the best environments for career development and progression. A strong performance culture and a fully automated in-house appraisal system ensure that your career is chalked out and defined in line with your individual growth, and the overall growth of the organization.

From: Rachna Raaj
Sent: Monday, November 03, 2008 06:28 PM
To: Anikesh Singh

Subject: RE: Why you are misusing T.L Aux?

Anikesh,

As discussed with you, please highlight all the instances you quoted while we were discussing. The mail does not suffice the purpose.


Best Regards,

Rachna Raaj Associate Director - Operations Tech Mahindra

A-6, Sector-64, Noida - 201301, India
(Office: 91-120-4005237 Cell: +919811306775
Email: rachna.raaj@techmahindra.com
www.techmahindra.com

[Now I am confused!
Hey Rachna! Which purpose you were talking about?]

Open Communication@Tech Mahindra

Connecting and communicating is a mantra that we advocate. Special forums for all employees, blogs, an open medium to voice your opinion ‘freevoice’ etc. gives everyone an opportunity to raise concerns and discuss issues with the Tech Mahindra family at large. Platforms and programs to nurture creativity and bring out the artist within, and even share experiences make people interactions both interesting and effective.


e-mail reaction:

Ø Office e-mail disabled
Ø Access card disabled
Ø Forced to go on long and unspecified leaves.



ANIKESH KUMAR SINGH
To: bj0036754@techmahindra.com [Supervisor/Team Leader]

CC: rachna.raaj@techmahindra.com, [Process Director]
nrajeev@techmahindra.com, [Director – HR]
bsujit@techmahindra.com, [Vice President]
svsriram@techmahindra.com,
saftaab@techmahindra.com, [Assistant Manager]
AB0041826@techmahindra.com [Manager]

BCC: as0038009@techmahindra.com [Victim]

Date: Mon, Nov 3, 2008 at 10:07 PM

SubjectUrgent: (Why you are misusing T.L Aux?)

Hi All,

Thank you very much for taking the issues the way you wanted. I am really pleased to find myself in such a comfortable situation that is going to land me in a continuous sleeplessness and intense pain.

I am being put on a forced leave for an indefinite time. Is this the solution? And what is being done against you, the person in question?

I believe, my every concern is very well highlighted and I was expecting you to reply me, and again, instead of giving any positive node to any of my concerns, most of my colleagues are appearing to experiment with me and pressurize me to that extent that I simply give it up and any hopes, as well, and for good. Every trial and error method is being introduced keeping professional ethics, procedures set aside.

Please go through the entire contents of my previous mail once again and to the best of my knowledge, the information there is adequate and true.

It is very unfortunate and shameful that in front of many learned and experienced professionals, a few of my poor colleagues, including my mentor, are playing with an individual's dignity. I am very well aware of my attitude and respectfulness towards others, however, I would not like to go hat in hand to apologize every now and then. This is unprofessional that I was not supposed to ask for any explanations/answer. If I have a serious concern then I can very well ask for the same, and this is very professional.

Please try to find out a professional solution to these issues instead of trying to zero in on my exit.

Thanks
Anikesh Kumar Singh

Misconduct:

Victim Raise Voice against misconduct

=

Victim Made accused of Misconduct

With more than 23,000 skilled professionals onboard, Tech Mahindra offers exciting career paths for all employees. Our work culture promotes customer focus, strong work ethics, operational transparency and teamwork.

Tech Mahindra believes in a feedback-oriented culture for continuous improvement. This is done through regular employee surveys, which garner feedback from all the stakeholders involved to achieve process improvements. Initiatives like these lead to customer delight, externally as well as employee skill improvement, internally.

From: Mukul Sah mukuls@techmahindra.com [Senior Manager-HR]
To: ANIKESH KUMAR SINGH , Anikesh Singh

CC: Rajeev Narang nrajeev@techmahindra.com [Director -HR]

Date: Fri, Nov 7, 2008 at 10:50 AM

Subject: Show Cause Notice
mailed-bytechmahindra.com

Mr. Anikesh Kumar Singh
EMP ID - 38009
F – 302, Stellar Park,
C – 58 / 24, Sec – 62,
Noida – 201301

SUB: Show Cause Notice.

Dear Mr. Anikesh,

It is brought to our notice that inspite of multiple feedbacks / notices (Verbal/ written) given to you on various occasions to avoid the unscheduled breaks from the productive floor and improve on your overall performance and behave with your seniors in appropriate manner, you have not made any improvement.

It is further reported that you are continuing with taking long breaks from productive floor without informing your supervisor/manager and at times you are going on unauthorized TL Aux and when caught by your supervisors, you are explaining the reason that you have done this by mistake.

The above acts of yours amount to, not only spreading indiscipline on the productive floor but also resulting in business loss due to your non availability on the productive floor. Further, it is pointed out that, you are not open to take the feedback and always on argumentative mode with your supervisors/ manager whenever they tried to give you feedback, even you have denied all the factual facts which was shown to you on your performance.


You may please note that the above said acts of yours amount to serious misconduct within the meaning of code of conduct applicable to you. Your repeated misconduct is despite the fact that your supervisors/ managers have advised you and even warned orally as well as in written for the same, but you have not improved and hence this show cause notice.

Please show cause as to why disciplinary action should not be taken against you within 3 days of the receipt of this show cause notice, failing which Company will proceed further in the matter as deemed appropriate.



For Tech Mahindra Ltd.

Senior Manager
Human Resource

CC: HR – Personnel File

Reply: ANIKESH KUMAR SINGH to saftaab, bsujit, svsriram, Mukul, Anikesh, Rajeev

Hi Mukul,

I am disappointed to find the contents of the notice to be baseless and seeking explanation against misrepresented factual information. The Show Cause Notice is appearing to be mere a formality from HR department and has been prepared with promptitude and without any thorough investigation.

To start with explaining the remarks made, there has been four instances, as much as I could recollect, when I was handed over(though forcefully) written notices and I was only asked to put my signature there. Two of these are connected with TL AUX in question and rest two are related to UL and the later two are illegally imposed at me. Here I am talking about the first two instances.

First letter was just informative in nature describing available break codes and their meanings. The second letter, which I was forced to sign, was again a counselling letter. This day I was not completely fit, however, I came to office. Due to any incorrect sleeping position, there was a sever pain developed in one of my hand/arm. I informed the same to Bharat immediately as he arrived, as the pain was affecting my work and I required some hours of break, at the least. Bharat did not pay any attention to it. It was inhumane and I said that I was going to put TL AUX as I was not knowing the break code to be punched in such a situation.

To answer about unscheduled breaks- I would like to let you know that no proper break scheduling system is there in place and many of TLs/supervisors are misusing the this privileges to allow breaks as a tool to harass associates, and this can be easily verified by reading Agent AUX Interval reports. I have never encouraged myself towards unscheduled breaks, but, Bharat has always declined my requests for breaks, and because of this I have always felt that I am being tortured. I have certain medical history and due to this, sometimes I may require a little flexibility and support in this area, however, most of the times, I have been forced to work continuously for long hours(up to six hours) without a break.

To explain my position here in a better way, yesterday I called Aftaab and asked about the existing break scheduling system and I was replied that it fully depends upon one's supervisor/TL/manager and AL/SL. I am shocked to hear the same. If AL/SL permits no agent to leave work then an employee has to work continuously his entire work shift hours?

I am attaching a report once again to this reply. Please find the same. It shows that I logged in at 03:09:43 PM and then I took first break at 09:16:34 PM. I have not used any short or long break during this period and I worked for 6 hours, 6 minutes and 51 seconds continuously.

Was it appropriate? I had been asking repeatedly for hours and was continuously being denied a break from Bharat. I became annoyed a bit, frankly, and then in a hurry, I punched the break which went with a wrong code and this I could knew only when I returned to work. It was only a mistake as I was having my short and long breaks for this shift un-exhausted till this time and it was my first break only. My average AUX data is also not bad and it is within permitted limits, I believe.

About my performance- I have always been a not so bad performer. I have been performing very good in terms of productivity/efficiency and always meeting my KRAs, in spite of facing constant harassment from my ssupervisors and others, and my overall performance is also not bad causing any business loss to the company.

One thing, I acknowledge that I have not much improved. Frankly, my goal is not to be a star performer but to get my job intact.

Let me speak about the censure of misconduct brought to your notice. To raise your voice or to appose anything that is unlawful and conflicting with the interests of the company is not an instance of spreading indiscipline. Everyone here is aware of the behaviour of the seniors towards the associates, the kind of language some of supervisors use while briefing/interrogating. Is this permissible and withing the code of conduct of the company? And they have got this right because they are seniors only! I do not think so and that's why I appose this.

I have never been engaged in any unprofessional behaviour and my supervisor has never been professional to me, in fact, he is really a ill mannered and unprofessional person lacking on numerous professional skills required to carry out his job effectively. He is used to give undue favor to his favourite subordinates and harass others, including me. Many times he has clearly said that he will show me the exit door. Most recently, he said to me,"Your attrition will be counted within my performance". You are aware of most of these issues as I have requested him, in writing, to answer some of my questions and a copy was mailed to you too. It is shameful to learn that he is not answerable to me. To whom, he is answerable? It has been more than a week and instead of getting any reply from him against my charges of harassment, I am being convicted. He, in fact, does not have even a single explanation. And this all is in your knowledge.

Anyway, please provide me the amount of business loss (in terms of anything) incurred by me as factual facts, I will resign the company taking its responsibility.

I am very much open to feed backs as a feedback really contributes towards one's fast professional learning. Its true that I've received feed backs, several times, however, most of the times (leaving quality feed backs) I saw a person shouting at me, asking/suggesting me to resign the company, and threatening me to terminate my employment. This is the feedback system in place.

Is there any difference between the code of conduct applicable to me and that applicable to a few of our seniors. There are enough evidences of violation of the Code of Conduct. Many issues, as I said before, are in your knowledge. I have written to you too with a great hope but nothing has been done ever. No root cause analysis has been carried out against any of the issues. Several instances of misconduct, I see everyday but HR department is in a pretending mode as it is unaware of everything on so called 'procuctive floor'. Yes, anytime an issue is reported, one of the associate is held responsible for a serious misconduct and his/her termination becomes a necessity in the best interests of the company. Many seniors are always there on productive floor threatening and shouting and offering slavery treatment to associates and HR is limited to hire and fire functions. At times, I have felt that HR is completely failed on discharging successfully several other HR functions/sub-functions, not limited to recruitment, training and separation.

This is a few what I am replying with. I am ready to be convicted against any disciplinary action in any court of law (At least there I could get the opportunity to freely communicate the amount of loss that I have suffered through this period and how severe its impact is to my mental and physical health; it financial and emotional impact, its impact on my career prospects and my professional goals and the brand image of Tech Mahindra Limted.)


Thanks
Anikesh Kumar Singh


Open Communication@Tech Mahindra

Connecting and communicating is a mantra that we advocate. Special forums for all employees, blogs, an open medium to voice your opinion ‘freevoice’ etc. gives everyone an opportunity to raise concerns and discuss issues with the Tech Mahindra family at large. Platforms and programs to nurture creativity and bring out the artist within, and even share experiences make people interactions both interesting and effective.


ANIKESH KUMAR SINGH

To: Mukul Sah

CC: Anikesh Singh ,
Rajeev Narang ,
svsriram@techmahindra.com,
bsujit@techmahindra.com

Date: Fri, Dec 5, 2008 at 11:43 AM

Sbject: Acknowledgement to Charge Sheet

Hi Mukul,

I have received this Charge Sheet today only, on 5th December as I was not in town and I had already reported this to you.

I would be writing you the formal explanations within anticipated time frame, however I believe I am being questioned about the same things repeatedly and my answers/explanations could be found in every mail (beginning from the very first one), the copies of which I communicated to you, too.

It is more than a month and none of my concerns are being given any consideration. This is to let you know again that I only initiated the mail and raised issues against the kind of treatment I was being offered by my seniors and by that time, there were no charges against me, my performance and my ability to perform my job and any misconduct from my side, as well. I have only learned throughout this period that I raised my concerns against unlawful practices, a few of my seniors were following and the result is that instead of giving any consideration to any of my concerns, issues have been raised against me and every one is appearing to try his/her best to zero in on my exit.

As of now I do not accept any of these charges to be valid and reflecting true findings of an in-depth and serious inquiry. These are there only to accumulate the amount of harassment, I have been facing since the day I had joined Tech Mahindra.

Also, I would need the data facts behind these charges so that I can have a better understanding of my situation so please, if company policy permits, then provide me the same. It would be helpful to me to write you the explanation and to conclude this communication, I request you to please lead this process like a true HR Manager of a true PCMMI Company and re-think about my situation and all this.

Thanks
Anikesh Kumar Singh


Tech Mahindra endeavours to create the best work place for people that would help combine efficient work with a balanced life. We encourage our people to connect, communicate and celebrate the essence of life along with work! The idea is to make Tech Mahindra a home away from home.


ANIKESH KUMAR SINGH
To: Mukul Sah

CC: Rajeev Narang ,
svsriram@techmahindra.com,
bsujit@techmahindra.com

Date: Sun, Dec 7, 2008 at 8:46 PM

Subject: Reply to Charge Sheet

Hi Mukul,

With reference to the charge sheet dated 29/11/2008, I am hereby submitting para wise written reply to it.


The para one of the charge sheet is totally wrong and denied and it is based on the whims of the local management. It is totally wrong that I am habituated in taking unscheduled, unauthorized and long breaks. It is further submitted that since the appointment in the present concern, my duty record is available with the management and till today, no warning was issued regarding the unscheduled breaks to me. It is also pertinent to mention here that my duty record is a matter of record. In the whole duty record, my performance was up to the mark. It is the lower management, specially Bharat, having personal grudge against me and in the garb of personal grudge he is convincing the management personnel to initiate an inquiry against me and to teach me a lesson.

The para two is also wrong and denied. It is further denied that I have ever neglected the duties assigned to me. It is also wrong that I have avoided attending the calls. It is pertinent to mention here regarding the attending the calls of the customers is a matter of record. Through this Charge Sheet, you have leveled very serious allegations against me without furnishing the details of non-attending the calls. It is also wrong that my performance on the job is very poor and low. It is pertinent to mention here that in the group of 32 employees, I have been always placed in a far better position ( most of the times in between 1 to 10/ 1 to 15) as per performance records and never ever given any notice regarding the same so the allegation leveled is baseless and also smelling otherwise.

The para three is again wrong and denied. It is denied that I have ever disobeyed any instruction issued by my seniors to do to me. This is mere a baseless allegation and it has nothing to do with the truth. This allegation is leveled against me with the objective to harass me and make me maline in the eyes of senior management. It is pertinent to mention here that the local management is running after me and with the ugly mind wants me to throw out, from this concern. It is also pertinent to mention here that time and again I brought to notice to the local management regarding the misconduct and unwarranted acts of a few of my seniors but none of the officials of the local management has paid any attention towards the complains rather that I have been victimized.

It is therefore prayed that in view of the facts and circumstances and the records available with the management, the Charge Sheet issued to me may kindly be withdrawn from the immediate effect.

Thanks
Anikesh Kumar Singh

Open Communication@Tech Mahindra


On Sun, Dec 28, 2008 at 9:51 PM, ANIKESH KUMAR SINGH wrote:

Hi Vineet, [CEO]

I am seeking a few moments of yours and reporting you an incident of severe
harassment at Tech Mahindra, Noida. Its about two months but no resolution has been provided to me till now.

In brief, I reported a couple of incidents of personal abuse towards me to lower management and as a result, I was made accused instead of giving any notes to my concerns and was forced to undergo some undefined disciplinary prosecution. I was given a Show Cause Notice and consequently a Charge Sheet. In Charge Sheet, very serious allegations were leveled against me, reply to which I submitted on 7th December.

In a recent meet with HR Manager, I have been asked to choose one between the two options; either a resignation or a forced termination of my employment. All the facilities provided to me have already been suspended.

Also I would like you to know that a very similar incident happened with me earlier. This time my employment was illegally terminated and when I protested, I was re-hired within 42 days and since that time I am being subjected to severe harassment.
I am providing you the details of the up-to-date communication (in a chronological order) below just for you to have a better understanding of the entire issue.

The saddest part of all these events is that nobody from local management has ever shown any concern towards me. All my pleas have gone unheard. It is ruining my career prospects a lot and my skills are adversely being affected as well. Moreover, now it has started affecting my health and mental status.

I hope this will not go unheard. Hoping for a positive reply.

Thanks
Anikesh Kumar Singh
Emp ID: 38009


ANIKESH KUMAR SINGH
To: Rajeev Narang

CC: vnayyar@techmahindra.com,
Mukul Sah ,
bsujit@techmahindra.com

Date: Mon, Dec 29, 2008 at 5:59 PM
Subject: Please take this matter with highest priority. [Anikesh Kumar Singh, Tech Mahindra, Noida]

Hi Rajeev,

This is to update you with my most recent communication with Mr. Mukul Shah. He has been constantly forcing me to resign the company and to commit a suicide. In this situation, a resignation means that I am guilty what I am not.

The entire matter is mishandled by him as it is very much evident that who is guilty and upto what extent, just by looking at the contents of all the mails closely, every copy of which I sent you already.

I request you to take this matter with highest priority. And please reply at the earliest.


Thanks
Anikesh Kumar Singh
EMP: 38009

From: ANIKESH KUMAR SINGH
To: Rajeev Narang

CC: vnayyar@techmahindra.com,
Mukul Sah ,
bsujit@techmahindra.com

Date: Tue, Jan 6, 2009 at 2:05 PM

Subject: Re: Please take this matter with highest priority. [Anikesh Kumar Singh, Tech Mahindra, Noida]

Hi,

Will anybody please update me about any of the proceedings! Or everything is going unheard by everybody?

Please let me know whether anything is in process or send me back the termination letter asap.

Thanks
Anikesh Kumar Singh


From: ANIKESH KUMAR SINGH
To: vnayyar@techmahindra.com

CC: Mukul Sah ,
Rajeev Narang ,
bsujit@techmahindra.com,
svsriram@techmahindra.com,
rachna.raaj@techmahindra.com,
AB0041826@techmahindra.com,
saftaab@techmahindra.com,
bj0036754@techmahindra.com,
toilalit@gmail.com,
mukhramsingh@rediffmail.com

Date: Mon, Jan 19, 2009 at 4:41 PM

Subject: An incident of Management Abuse and Harassment at Tech Mahindra BPO, Noida

To whomsoever it may concern,

With great disbelief, extreme disappointment and painful experience of trying to get this issue resolved amicably, I have come to the conclusion that it will not get resolved amicably due to vested interests of few people, and I am left with no option other than involving regulatory authorities, including press/media and law.

To further worsen situation, I do not have any formal information about the current status of my employment contract with the company. At the same time, I would like to reiterate that I am not in any way against the company and company policies. It is just a few people with whom I have differences but unfortunately senior management did not intervene to resolve the issues amicably as per company policy and procedures. I am left with no option other than seeking outside help for justice. Following are the names of the company personnel against whom I am initiating the legal course of action as I believe they all have abused their authority and at a large scale they are involved in the activities compromising the Indian Law ( Labor Law violations) and other laws under CRPC.

1. Rakesh (HR Department)
2. Saurabh (HR Department)
3. Mukul Shah ( HR Department)
3. Rachna Raj (Operations)
4. Alok Babbar (Operations)
5. Aftaab Sharma (Operations)
6. Bharat Juneja (Operations)

At the end, I would also like to mention that things which attracted me towards seeking the employment with this company like its reputation, specially its CMMI Level 5 and PCCMMI Level 5 certified status. After going through the above mentioned painful experience, these things are not existent and the practices followed within company's Noida unit are totally inconsistent and opposite to the norms of above mentioned certifications.

Yours humbly
Anikesh Kumar Singh


Summary


To,
The Inspector,
Police Station, Sector- 58,
Gautam Budhha Nagar, Noida,

CC: Assistant Labour Commissioner, Noida

Subject: First Information Report

Dear Sir,

This is to inform you a series of incidents pertaining to misconduct, severe harassment and labour law violations.

Case 1:

I was recruited by Tech Mahindra Limited, Sec – 64, Noida and I joined the company on 4th Feb 2008. The problems started very next month, the month of March 2008 and I was subjected to work continuous long hours without taking a break. Eventually I became ill and despite asking for sick leaves, I was not allowed to do so. I landed in worst health conditions and my family got me hospitalized at Kailash Hospital, Noida on March 30th. I had informed about my hospitalization to my supervisor but when I returned to office on 6th April 2008, I came to know that my employment was terminated. I approached the company officials and in subsequent meetings with local management, I was severely abused, harassed. The local management did not shown any concern towards health and safety of its employee.

I protested and on April 21/23, 2008, I reported these incidents to senior officials and on 7th May 2008, I received a reply from the company that by now they have turned kind hearted towards me. By this time, without giving any acknowledgement to harassment, abuse and ignorance issues and incorrectly executed termination process, management decided to re-hire me and I was informed about their decision. None of my concerns were addressed.

More than a month time was totally made wasted. During this course, many of senior officials among local management have frightened me, misbehaved with me and treated me like a slave. I was badly dishonoured and all this had adversely affected my health and mental conditions.

Case 2:

I was re-hired and I joined office on 8th May 2008. During this second term of employment, my seniors always kept on exploring every possible opportunity to harass me. I was not allowed to take leaves. I was forced to work long hours, exceeding 5 to 6 hours without a short break. Every now and then they kept badmouthing at me, shouting at me, harassing me, threatening me to terminate my employment or forcing me to resign. My supervisor has always been impartial to me. And I believe he was instructed to do so.

On 1st of November, I was again not allowed to take a break and 6 hours and 6 minutes were past. When it appeared to be totally unbearable to me, I took a break by myself and I decided to report his ill behaviours to his supervisor and other seniors. On 2nd November, 2008, I wrote a mail with an intention of bringing to notice to the local management the misconduct and unwarranted acts of my supervisor. None of the officials paid any attention towards any of my complains rather I was victimized. I was subjected to undergo an indefinite leave the same day.

As my performance has always been up to the mark and so I could not be given any formal warnings, although they tried their best to do so, the management started exercising to find out methods to terminate me. I was given a "Show Cause Notice" on 7th November, the reply to which I submitted on 10th November. I couldn't understand why they have asked me to submit a reply as I have replied every point in detail and I don't think it was taken into consideration. They have already made their mind and so I was issued a Charge Sheet on 29th November. I submitted reply to it on 7th December.

There was no communication from the company after 7th December so I reported this all to CEO of the company on December 28. On 29th December, I called the HR Manager and he offered me either to resign or get terminated. I reported this communication to senior management of company again and by this time, I have reported this matter to Labour Inspector, Noida, too.

By 19th January I had not received any reply from any one. I received the termination letter on 20th January. Again, to further harass me and worsen my situation, my correspondence address was willingly put incorrect on envelope carrying the termination letter. My salary for the month of December was kept on hold which is still unpaid.

This is all what I suffered through. It very badly affected my health, mental conditions. I am only 20 years old and I have experienced all this in the very beginning of my career and I am finding myself landed in a disaster that completely ruined my career. To add to, I am not the only victim and there are several associates facing the similar problems. The company is misrepresenting itself to be a CMM level 5 and PCMMI level 5 certified organizations where the very basic labour laws are being violated on a daily basis or their auditors are equally involved in falsifying the vital information.

I would name the people within the company who are mainly involved and responsible for these incidents of misconduct. They are: 1) Mukul Shah, 2) Rachna Raj, 3) Alok Babbar, 4) Aftab Sharma, 5) Rahul tiwari 6) Bharat Juneja 7) Rakesh and 8) Rajeev Narang.

I, therefore, pray you to look into the matter and initiate the action deemed appropriate.

Yours truly,
Anikesh Kumar Singh