Rejoinder

 

Government of West Bengal

Office of the Labour Commissioner

E.L. & M.W. Section

6, Church Lane (3^rd Floor)

Kolkata – 700001

 

 

Case No. P-175 of 2022

                                                         

                                                          In the matter of :

Sanjib Ghosh

                                                                                      _____Applicant

-      Versus –

M/s. Squarem Electra Private Limited & Others,

                                                                             _____ Opposite Parties

 

Rejoinder to the Objection of Biswanath Dutta (Opposite Party)

 

I, Sanjib Ghosh, Son of ___________, aged about ____years, by faith Hindu, by Occupation presently Unemployed, residing at Saha Para, Prasatha, Domjiur, Howrah – 711302, District – Howrah, do hereby solemnly affirm and says as follows;

 

1.   That I have gone through a copy of the objection filed and served upon me, by the Director Sri Biswanath Dutta, of M/s. Squarem Electra Private Limited. I have understood the meaning and purports thereof.

 

2.   Before dealing with parawise comments of the objection submitted by the Director Sri Biswanath Dutta. I submit the following facts for proper adjudication of the proceeding;

 

(a)  That I am an employee posted as Technical Assistant in M/s. Squarem Electra Private Limited. I was working since the month of August’ 2012, with utmost loyalty. My present Salary is as of Rs. 22,400/- ( Rupees Twenty Two Thousand and Four Hundred ) only, which included H.R.A., Fooding allowance, Employee’s Contribution to Provident Fund, P.Tax, etc.

 

(b)  Thjat Shri Biswanath Dutta is one of the Director of the said M/s. Squarem Electra Private Limited. The said Sri Biswanath Dutta took everything from me by force. I did not have any occasion to have any conversation with any other Director of the said M/s. Squarem Electra Private Limited.

 

(c)  That Since the month of July’ 2021, the said M/s. Squarem Electra Private Limited and its Directors are not paying Salary till date, therefore a substantial sum is accumulated, due and payable by the said M/s. Squarem Electra Private Limited and its Directors.

 

(d)  That I beg to say that persistently a substantial prolong period elapsed and still continuing without any salary in hand. I have suffered the pandemic situation as well as still suffering and in a situation to beg money from my relative and friends, etc. for my day to day necessity.

 

(e)  That I beg to say that my service was illegally terminated and without any notice to me. The Director Sri Biswanath Dutta did not give any clarification on my presentation, as well as Legal notices sent through my Learned Advocate. The said Sri Biswanath Dutta keeping mum on entire scenario till the issue placed before the Learned Labour Officer.

 

(f)   That I beg to say that still my P.F. Account is continuing with the authority which shows I am an employee of M/s. Squarem Electra Private Limited. The said Sri Biswanath Dutta terminated my service without notice either in written or in oral manner. The said Sri Biswanath Dutta did not compensate me on any square, whatsoever. The said Sri Biswanath Dutta, did not pay my Salary and did not pay other related perquisite, so far.

 

(g)  That I beg to say that I am continuing my family and myself in a hand to mouth by way of begging money from the relative, friends, and well-wishers, etc.

 

(h) That I am not working anywhere, since I am not in a position to get any employment in absence of any release letter by M/s. Squarem Electra Private Limited.

         

3.   Now I deal with the allegations and contentions of the said objection of Sri Biswanath Dutta, Director of M/s. Squarem Electra Private Limited. Save what are matter of records, each and every allegation and/ or contentions made therein, are denied and disputed as if the same were set out hereunder and individually traversed.

 

4.   With reference to paragraph number 1, 2, 3, and 4, of the said Objection, I deny and dispute each and every allegation, and/ or contentions made therein, save and except what are matters of record. I repeat and reiterate what I have stated in paragraph no. 2, herein above. I further say that I have received my Salary only upto the month of June’ 2021, therefore my salary is due and payable from the month of July’ 2021, by the said Sri Biswanath Dutta, Director of M/s. Squarem Electra Private Limited. I categorically denied the statement “as the said company upto end of November, 2021, and he used to receive his agreed salary from the company and has duly acknowledged the same”. I beg to say that the Company all along used to pay my Salary and Other Employee Salary by way of Bank Transfer, being the payment of Salary into Bank Account of Employee. I put to strict proof thereof to the said Sri Biswanath Dutta to show his Bank statement in relation to his statement, which falsely alleged against me. I beg to say that the Company has sufficient business and earning and the premises was not at lease. I beg to say that I did never submit any resignation to the Company, the same has never been asked by any of the Director of the Said M/s. Squarem Electra Private Limited. I further beg to say that no settlement has ever been happened and no money in lieu of such has ever been given by the Company M/s. Squarem Electra Private Limited, and its Directors. I am denying the statemenents made in paragraph number 4 of the objection submitted by Sri Biswanath Dutta, Director of M/s. Squarem Electra Private Limited and put him to strict proof thereof.

 

5.   With reference to paragraph number 5, 6, 7, 8, and 9, of the said Objection, I deny and dispute each and every allegation, and/ or contentions made therein, save and except what are matters of record. I repeat and reiterate what I have stated in paragraph no. 2, herein above. I beg to say that the allegations and disputes between the directors are not concerned to me, though I am victimized by the said M/s. Squarem Electra Private Limited. I further beg to say that the other contents are repetition, which I have already answered and denied and put the said Director Sri Biswanath Dutta, of M/s. Squarem Electra Private Limited on strict proof thereof. I beg to say that I am not in connivance with any of the Director rather these two numbers of the Director Firstly Sri Biswanath Dutta and Secondly Sri Sujit Kumar Jana, connived to each other, to deny my legitimate claim of my salary, and other benefits. I further beg to say that I am not in working anywhere. I further beg to say that the content of paragraph number 9 is the same as in the paragraph number 4 of the objection of the said Sri Biswanath Dutta, Director of M/s. Squarem Electra Private Limited, which I denied and replied adequately in preceding paragraph herein.

 

6.   With reference to paragraph number 10, 11, and 12, of the said Objection, I deny and dispute each and every allegation, and/ or contentions made therein, save and except what are matters of record. I repeat and reiterate what I have stated in paragraph no. 2, herein above. I beg to say that I am victim of fighting between the Directors of the said M/s. Squarem Electra Private Limited. I beg to say that one of the Director before the Learned Labour Commissioner agreeing to pay and another is placing frivolous objection is truly unwarranted and not acceptable. I beg to say that in empty stomach watching fighting of the Directors are not a means of surviving my livelihood, resulting in dire destitute situation of my family and myself.

 

7.   Under the facts and circumstances, I respectfully, submit that I am entitled to get my Claim. The said director must be booked for misleading the forum, by providing false and frivolous, information/ statements to reap advantage of his strength.

 

8.   That the statement made in paragraph number 1 to 6, are true to my knowledge and that made in paragraph number 7, is my respectful submissions.

 

 

 

 

 

DEPONENT

 

Identified by me,

 

 

Advocate