Appointment letter not accepted

Querist : Anonymous (Querist) 26 January 2012 This query is : Resolved
Sir, In my office a C A was appointed on 23.11.11 for which appointment letter was issued with terms and conditions including Notice period 3 months and that the employee should execute bond for 3 years to serve the company failing which pay compensation of Rs.10 Lakhs i.e.5 times monthly salary of Rs.2 Lakh p.m ‘

The Director signed the appointment letter and advised Mr.Bhatt HR GM to handover to the C.A (This CA was working earlier for 4 years and had left 5 months ago and he wanted to rejoin the company and had good reputation about his work/integrity and appreciation letters are on record of the company)
.
The C A took the appointment letter signed by the Director on 23.11.12 at about 11.45
A M and told the GM HR that there are certain points which he will discuss with the director sitting in First floor and then will return duplicate copy. in token of acceptance of terms of offer.

As he was already an employee and had good relation with Management, our GM HR did not keep the xerox of the Original Letter and parted the original to the CA. The CA went down to meet the Director at about 12 noon on 23.11.11 but did not turn up even by 6 PM. It was learnt that he was asssigned the Job—Management Audit of a MNC company and he rushed for a meeting with the Director.

Next7days CA did not turn upto the office as he was on outside assignment as stated earlier.
Meanwhile Director was out of station abroad for about 20 days.

Follow up by GM HR with CA received following response:
CA Told orally: Director not available. Original with me(with CA-employee) and as soon as Director comes to office I will finalise and return. He managed to get salary for Dec'11 also by talking over phone with DIrector and Accountant (Who was well known to him as he was an ex employee_) who often did not attend office during december and TDS was also deducted.

There are no written communication between GM HR or the company with the CA employee till date on this subject.

Now on 6.1.12 GM HR got furious and told that employee C A that return the original for his taking up the matter with Director.

C A employee told GM HR : I will not give / i have already given the zerox copy duly signed which u might have misplaced.
Director demanding from GM HR where is the bond signed by CA as he wanted to send him abroad.

What to do.?

1) Can GM HR file an FIR without the consent and knowledge of the Director of the company against the CA that he clandestinely removed the office copy of the appointment letter (theft case) and
2) Send a separate legal notice in his personal capacity to that CA stating what all happened and that if Management takes action against GM HR that CA employee will be held responsible for paying the exemplary damages and compensation for the deceit, mental agony torture caused.

Kindly advise sir .

suguma

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Raj Kumar Makkad (Expert) 26 January 2012
1.No. Such false allegation is the corporate sector without the specific direction of higher management are not regarded as a good practice and it ultimately may boomerang towards you.

2. Yes. It can be done.

Why GM HR do not talk with Director on this matter instead of starting the litigation?

prabhakar singh (Expert) 28 January 2012
1)may prove risky for GM HR.

2)may be more prudent.

But the non obstinate clause of the agreement seems unreasonable.

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