30 May 2017
Sir/Madam,
i have completed my 3yrs articleship on 19/05/2017 but my principal is not signing form 108 .Is there any procedure to come out of this situation? ..I have heard about form 119 too what extent it is useful?
please reply
10 August 2024
If your principal is refusing to sign Form 108, and you have completed your articleship, you can take several steps to resolve this issue. Here’s a detailed guide on how to address this situation and how Form 119 can help:
### **1. Steps to Address the Issue**
#### **1.1. Formal Request to Principal**
- **Submit a Formal Request:** - Draft a formal letter requesting your principal to sign Form 108. Clearly state your completion date and include any relevant details. - Attach supporting documents such as your bank statements showing the stipend payments and any correspondence related to your articleship.
- **Documentation:** - **Bank Statements:** These are useful as proof of your stipend payments but might not be sufficient alone to validate your articleship completion. They should be part of a comprehensive set of documents. - **Other Documents:** Include copies of your work reports, attendance records, or any other evidence of your articleship.
#### **1.2. Contacting ICAI**
- **Submit Form 119:** - **Purpose:** Form 119 is used to request a certificate of service when your principal is unwilling to sign Form 108. It helps in situations where disputes arise or your principal is not cooperating. - **Filling Form 119:** Complete the form with details of your articleship and the issues faced. Attach all relevant supporting documents including your bank statements and any evidence of your articleship.
- **Submission:** - Submit Form 119 to the ICAI's regional office or through their online portal if available. Ensure that all required documents and explanations are included.
- **ICAI’s Role:** The ICAI will review your application and documents. They may conduct an inquiry or request additional information to verify your articleship period.
#### **1.3. Seek Additional Help**
- **Consult ICAI Helpdesk:** - Contact the ICAI helpdesk or regional office for guidance on how to proceed. They can provide specific instructions and may intervene in your situation.
- **Legal or Professional Advice:** - If the issue remains unresolved, consider consulting a lawyer or a professional advisor who specializes in educational or employment disputes.
### **2. The Role of Form 119**
- **Form 119 Usefulness:** - **Purpose:** Form 119 is designed to address issues where Form 108 cannot be signed by the principal. It allows the ICAI to verify the articleship and issue a certificate of service if necessary. - **Submission Process:** Follow the instructions for completing and submitting Form 119 to ensure it is processed correctly.
### **3. Documentation and Proof**
- **Bank Statements:** - While bank statements are useful, they should be accompanied by additional proof such as your articleship records, work reports, and any communication with the principal.
- **Supporting Evidence:** - Ensure that you have comprehensive documentation that includes all aspects of your articleship and attempts to resolve the issue with your principal.
### **Summary**
1. **Submit a formal request to your principal to sign Form 108, including your bank statements and other supporting documents.** 2. **If the principal refuses, complete and submit Form 119 to the ICAI with all necessary documentation.** 3. **Consult the ICAI for guidance and consider seeking legal or professional advice if required.**
By following these steps, you can address the issue effectively and work towards obtaining the necessary confirmation of your articleship completion.