Case against a psu (ntpc ltd)
I am an employee of NTPC Ltd. who had joined the organization on 01/09/2012, and who was confirmed as permanent employee in October 2013.I had to resign from the organization on 13/03/2014 and am serving my notice period till 12/04/2014 (the remaining 2 months of notice period having been adjusted against with my accumulated leaves).
I have been a dedicated and sincere employee of the organization all along, and one of the most popular and appreciated employees in my project (Farakka Super Thermal Power Project, Farakka, West Bengal). I got my HOD’s Letter of Appreciation and was conferred Head of Project’s Merit Award in 2013-2014.
As an extension of the recognition of my work and performance, my Reporting Officers had given me outstanding PMS (Performance Management System) Scores of 95 plus and 94 plus percent respectively for the period 01/01/2013 to 31/12/2013. However, the ultimate PMS Score for the same period was downgraded at the level of the PMC (Performance Management Committee) to 85.6 percent that fell in the bottom 10% of all employees. When I inquired from AGM (HR), NTPC, Farakka (who was a member of the PMC) about the reasons behind the decision taken at level of PMC (Performance Management Committee), I was told verbally that since I had resigned from the organization, I should not expect to be given the benefit of PRP (Performance Related Pay) and hence they took the decision to downgrade my PMS Score to the bottom 10% so that I got ZERO PRP for the financial year 2013-2014. He in fact conceded that I was an employee par excellence, otherwise.
Some facts about PRP (Performance Related Pay) are as follows. PRP is a share of the Organization’s profit for each financial year given to the employees (who contributed to the organization getting the profit during the specific financial year) depending on his PMS Score (for the corresponding period) by the months of October-November of the following year. The employees whose PMS Scores are in the bottom 10% are not given any PRP. PRP for the financial year 01/04/2013 to 31/03/2014 will be decided by PMS Score for the year 2013 (up to E5 grade employees) and will be disbursed in October-November 2014.
Now, my points of objection to the PMC’s downgrading of my PMS Score are as follows:
1. My Reporting Officers are ones who have been directly observing my work and hence are the best judges for my performance as an employee and as a doctor.
2. CMO’s Letter or Recognition and HOP’s Merit Award for the same PMS Period tells a different story from the one being reflected by my PMS Score being in the bottom 10%. This anomaly needs correction.
3. Be it during the “PMS Year” (01/01/2013 to 31/12/2013) or during the Financial Year (01/04/2013 to 31/03/2014), I have been an employee actively and excellently contributing to the organization’s overall well being and profit making.
4. Whether I will or will not be an employee of the organization after the financial year 2013-2014 has nothing to do with the organization’s profit making performance during the financial period 2013-2014.
Because of the above points numbered 1 to 4, two things are clear:
1. PMS Score awarded by my Reporting Officers, as would be vouched in equal measure by my patients, is the genuine score uncontaminated with vested interests and unsound judgments that border on to unethical, whimsical or vindictive decision making.
2. I have an unquestionable right to PRP due for the financial period 2013-2014, that is a share of the profit the organization made during the financial period 2013-2014, as per the PMS Score awarded by my Reporting Officers.
Hence, the decision of the PMC to downgrade an excellently performing employee by all imaginable standards to the bottom 10% to ensure that he did not get the due fruit of his work (PRP)- just because he happened to have resigned from and will not remain in the organization after the financial year 2013-2014-is not only unethical but illogical, whimsical and in contradiction to all norms of fairness, and a blatant violation of a worker’s right to due wage and recognition for his good work.
I have tried talking to the Management, but there seems to be no relief in sight for me from their side.
My question is
1. How strong would my case be if I decide to take the case to the Court?
2. Where should I file my case against NTPC Ltd? In West Bengal (my current place of posting) or in Delhi (where NTPC's Head Quarters are there)?
3. How best to approach the case?
Hoping for a speedy reply,