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Terminated by Principal

Faiz Ahmed Bachnak (Accountant) (44 Points)

18 November 2009

Hi,

One of my freind is under articleship training in mumbai from last 2 years. Recently she has taken leave for her PCC 2nd attempt. Her Principal was not ready to grant her leave as work load was there but she requested him lot and he granted her leave. Now she wants to resume job but principal issued her termination notice. She has npt given 15 days notice for leave but informed well in advance that if failed in 1st attempt then wil take leave immediately to prepare for 2nd attempt. Is her 2 years of articleship wil go waste if she accepts termination? Can she consult somebody in institute? Can she continue articleship with other member in Mumbai. Pls help its urgent

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14 Replies

prashant (student) (49 Points)
Replied 18 November 2009

her 2 years ll not go waste. she will only loose three months of articleship as per my lnowledge. she may contact nearest regional council branch

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C A GROUP COACHING (COACHING ) (2487 Points)
Replied 18 November 2009

Articles done will not go waste. Go to WIRC & Speak to the asst director & narrate your case & action of your principal. I am sure favourable outcome will be there. Principals are not supposed to force the articles for anything, but in case of excess leave they can extend the articles which is their right & law

preeya (article) (29 Points)
Replied 18 November 2009

hey sum wat same is d case wi'me...actually i ws critically ill from july to around mid september dis year..used 2 go 2 d ofc still wenever posbl...afterwards wen i ws really down wid my health i infrmd my principal on around 18th aug dat i need rest & thereaftr wen i recovered in sept it ws time fr my pcc xams...nw d principal's behavin absurd wen i calld up aftr xams-says he's busy rite nw..bt m loosin on time...pls suggest me sum remedy..

preeya (article) (29 Points)
Replied 18 November 2009

id b glad if i cud get a transfer...

CA Kingsley (Audit Manager) (470 Points)
Replied 19 November 2009

One of grounds of transfer is health. Go to ICAI with necessary certificates and ask for transfer. Do it immediately.

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Krunal Raichura (Financial Advisory) (2134 Points)
Replied 19 November 2009

Dont worry, the articleship period served will not go waste.

Ask your friend to find out under what regulations - conditions (specified by ICAI in announcement dated March 27, 2009) is the transfer case falling unto.

Termination just like that are not permitted. Just like we cant take transfer as per our will, even the principals cannot ask us to go as per their will.

Sure, they are members and maybe powerful, and they can get rid of us, but that is always subject to the regulations in place. The way out has to be in compliance with ICAI regulations.

Find out under what condition termination notice is served first.

Faiz Ahmed Bachnak (Accountant) (44 Points)
Replied 19 November 2009

as per my knowledge her principal has only 1 ground on which he can terminate her i.e. Unsatisfactory performance by article. He can argue that she left on leave when company needed her and that also without notice. Now he threatened her not to go to institute for this matter so she scared lot. Cant believe know this happens with so much qualified person. So our only worry is that articleship should not be waste and get transfer in same city. Thanks you all for your replies. Need more concrete information

(Guest)

My humble request plz contact wirc and talk to the chairman or director( in article section) and talk them frankly what is going on and what happened.............hope they will assist you better than us.

raju (ertretet) (32 Points)
Replied 19 November 2009

ca k ghar ka raaj chal raha hai kya jo aise hi aricle ship extent kar denge

are rule banane se kucjh nahi hota follow to student ko klarna padta h

sare rules regulation atrticleo k liye hi banaye h

ca to kahi kk neta h

raju (ertretet) (32 Points)
Replied 19 November 2009

jute khane h kya us ca ko

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raju (ertretet) (32 Points)
Replied 19 November 2009

ca chahe jo kar sakte h hum sab articlo ko milkar comiitee banani padegi nhai to hum mar jayenge kyuki jo bhi rules regulation bante h articlo par bante h

isliye hume jagna hoga

(Guest)

Please contact your nearest Regional Council. They are very supportive people....they will definitely help you.

janani (Student - PCC/article assitant) (131 Points)
Replied 19 November 2009

hey articles done will not go waste.. as i know there is no rules for first termination of articleship.. she can take it and no need of taking threemonths and all as i know

rahul yadav (article assistant) (22 Points)
Replied 19 November 2009

i am under articleship in delhi for 18 months and now i want to leave for my PCC exams goin to be held on may 2010 . so i asked to my principal to to give the preparation leave as per the norms but now he threatened me that i 'll give an application to institute that for the last 18 months they are absent and said he will cancel our all articleship period and barred from the examination

So please help us urgent