FORM - N
(See Rule 31)
Application
for Recovery of Wages
In the court
of the Authority/Officer
appointed under
the West Bengal Shops and Establishment Act, 1968.
APPLICATION
NO. ____________________ 2025
BETWEEN
Mr. Indronil Roy, Son of Late Asim Kumar Roy, aged
about 55 years, residing at Premises being no. 42G, Block, Baghajatin, Kolkata
– 700086. Mobile No.: 9831832899. Email : indronil_roy2004@yahoo.co.uk
____________Applicant /Employee
AND
M/s.
Giza Marketing Private Limited, having CIN: U51900MH1993PTC070426, and it’s Registered Office at Premises being No. 101/102, G. N. Tower,
Off S.V. Road, Near Subway, Andheri (West), Mumbai – 400058, Phone No.:
02261405300, Email gizaoffice@oliviaindia.com and it’s Kolkata H.Q. at Premises being no. 2, Jodhpur
Garden, (Old 5/1, Jodhpur Colony), Police Station Lake, Kolkata – 700045.
___________Opposite Party /Company
I states as follows:
1.
I had joined M/s.
Giza Marketing Private Limited, having CIN: U51900MH1993PTC070426, its’ office at Kolkata H.Q. at Premises being no. 2, Jodhpur Garden, (Old
5/1, Jodhpur Colony), Police Station Lake, Kolkata – 700045, on 8th
day of January’ 2021, by way of the Company’s Offer Letter dated 08/01/2021,
favouring Mr. Indronil Roy, residence of Premises being No. 42G, Block,
Baghajatin, Kolkata – 700086, Tel. No. : 9831832899. The said Offer Letter
dated 08/01/2021, contended as follows;
(a) M/s. Giza Marketing Private Limited, having CIN: U51900MH1993PTC070426, have
given appointment as Business Head East Zone (West Bengal), North East Region,
Bihar, Jharkhand, Odissa, Nepal, Bangladesh and Bhutan.
(b) Salary & Allowances:
§
Salary Rs.13,00,000/-p.a.(12+1
Bonus);
§
Local DA Rs. 500/- Per Day + Fuel
§
Ex Head
Quarters Rs. 1,000/- Per Day
§
Outstation
AllowanceRs. 3,000/- Per Day
§
Mobile +
Internet Rs. Actual
§
Travelling Rs. Actual
(c) Probation/ Confirmation : Initially be on probation
for a period of six months from date of joining the Company, which may be
extended or reduced at the sole discretion of the management.
(d) General : The present designation is subject to change
depending upon work assignment from time to time.
2.
The said Offer
Letter dated 08/01/2021, did not describe my assignment or responsibility to
carry in pursuing the cited post as Business Head East Zone (West Bengal),
North East Region, Bihar, Jharkhand, Odissa, Nepal, Bangladesh and Bhutan. The
Work assignment has never been given in writing to me.
3.
The said Offer
Letter dated 08/01/2021, did not give any particulars of the service rules and
regulations including conduct, discipline and administrative orders and such
other rules or orders of the company which may come in force from time to time.
M/s. Giza Marketing Private Limited, having CIN: U51900MH1993PTC070426, did
never given any purported copy of the service rules and regulations including
conduct, discipline and administrative orders and such other rules or orders of
the company which may come in force from time to time. During tenure of my
service, I did never find any of the service rules and regulations including
conduct, discipline and administrative orders and such other rules or orders of
the company which may come in force from time to time, whatsoever.
4.
My work has
assigned purely as a Clerk in the office at Kolkata, as take notes of
everything pursuing the delivery of the articles in dispatching and delivering
the goods and articles at the depot (C&FA), including MIS Checking,
attendance, indent preparation, preparation of sale projection submitted by the
concerned officials of the respective state, forwarding the grievances and
claims of the distributors and Stockists and maintenance report of the Kolkata
Office. I used to forward all information to my reporting authority Mr. Rajesh
Vailaya (NSM) at the Registered Office at Mumbai, who used to check &
approve all claims, projections, office maintenance bill & everything. I
had no authority to take any decision and to approve anything, whatsoever.
Therefore my job has never been assigned with any responsibility. I was serving
as a Clerk at the behest of the Company.
5.
Pertinently
states that Super Stockists are working in various towns in eastern zone and
has been appointed by the concerned area head of the particular region. They
had sent details of concern parties to me, and my job is to forward the same to
my reporting authority for his approval. Simultaneously, concerned manager has
placed orders of super stockists by email and after checking I have only
forwarded the same to the Registered Office of the Company. Accounts department
at Mumbai release Proforma Invoice against any order and stock has been
dispatched through C & FA depot after payment clearance. No credit policy
in our entire system of the company has ever been found. The company has always
sale their products in advance. Super Stockist has supply their stocks via sub
distribution channels i.e. distributors or wholesalers. Sales team is only
appointed for retailing support by the company. Stock’s once sold hasn’t been
taken back by the company and that was also the main reason of some market
disputes in the state of West Bengal & other areas. Sometime products not
being accepted in the market or returned back by the retailers to distributors
and they used to return the same to the Super Stockists. Due to cosmetics
product related to skin, sometime old stocks or near to expiry products not
acceptable & return back. The Company was not accepted to return back those
stocks from the market or distributors or super stockists, which became the
reasonable reason of disputes and after my joining I have faced so many
grievances regarding such issues in the state of West Bengal and other areas.
After my several request the company was agreed to return same stock only last
year after 2.5 years of my joining but still not settled maximum damages &
expiry stocks, which are lying in godown with super stockists in various areas.
I was facing extreme mental pressure from various parties to resolve their problems,
but no support has ever been given or forwarded by the company ever.
6.
The Company
played much unethical role in dealing its business in its market field of the
Cosmetic Industries. The Company did not redressing or striking of damage or
expired stocks, even recently after my resignation some sticking old stock has
been found in north eastern market and the concerned party has send his
grievances to the Consumer Court. On several occasion I had asked my reporting
authority in the company to redressed the issues of old stocks on priority but
the company did not heed to that and the company continuing in its old
practices to deliver the old / damage / sticking stocks of the cosmetics to the
parties, which raised reasonable cause of disputes, while asking of the return
of goods, so far, with the company. The Parties and the people has taken me as
a responsible person for all these things, as my post has been cited as Business Head East Zone (West Bengal), North
East Region, Bihar, Jharkhand, Odissa, Nepal, Bangladesh and Bhutan, in the
Company; But in reality my nature of Job is nothing more than a Clerk, which
give a perfect illusions in the mind of the parties and the people at large,
which causes much humiliation to me day by day, and everyday till I placed my
resignation.
7.
I would like
to mention one more important thing that the company has offered schemes time
to time and that will reimburse through secondary claims submitted by the super
stockists. This is very complicated system and concern area heads are
submitting their respective super stockist claims to me and my duty is to check
and forward the same to the account department of the registered office of the
company. In this process sometime, super stockists has not been able to submit
their claim timely or due to lack of some supporting documents, such claim was
returned back by the company, though in any case, nothing was in my hand but
Mr. Rajesh Vailaya has always tried to accused me for such delay and others.
8.
From last one
year onwards, the Company has intentionally deducted salaries of sales
personnel & BA (Women working in various retails counters to sale &
promote the products of the Company) without any valid reason. Due to that
reason most of the team was disappointed & some of them left their job.
9.
From last 6/7
months, the Company has not given salaries timely and sometime after 18th
or 22nd days of the month salary release with deduction. Reason was
delayed of payment against Parties, although the company hasn’t dispatched any
stocks without getting any advance payment.
10.
Even I was
also receiving my salaries after 19 /20 the days of the month.
11.
Due to all
above mentioned reasons, I was getting frustrated and demoralized in working my
clerkship carrying the banner as Business Head East Zone (West Bengal), North
East Region, Bihar, Jharkhand, Odissa, Nepal, Bangladesh and Bhutan, with every
passing day’s since last 6 /7 months. In April’ 2024, my Boss Vailaya has
visited Kolkata and I asked him to relieve me, as I don’t feel comfortable. He
said he will try to resolve issues but nothing happens.
12.
Therefore
under such compelling circumstances I have submitted my resignation on 4th
day of September’ 2024 and handed over my charges to Sale Coordinator &
concerning manage for the State of West Bengal on 9th day of
September’ 2024.
13.
Before,
submitting my resignation, I have sent message to Mr. Vailaya and mentioned my
mental states and frustration towards all the unethical happenings by the
Company. For Sale de growth, the Company always blaming to concerned sales team
and targeting me for the failure of others, the sales team always put several
reasons including the concern of their salaries, etc.
14.
I have
communicated all the concern which affected me directly & indirectly to the
Company; But I have not get any positive response against my communication
through message and the said Mr. Vailaya did not even respond me.
15.
Against my
resignation mail dated 4th day of September’ 2024, I have received
the acceptance of my resignation via email on 5th day of September’
2024, with lots of unlawful conditions to settle my dues, including asking for
NOC from concerned Super Stockists, submitting claims and asking for serving
the notices for 21 (twenty one) days notice period concern. I have duly
responded with all issues and explain in bellow mentioned words;
“Reply of the Company’s mail, first of all the Company
have already accepted my resignation and matter is only related to the
settlement of my pending dues from the company. In my position where direct
money transaction not involved with SS, as per the practices adopted by the
company, no NOC required and even it has not mentioned in the Offer Letter
dated 8th day of January’ 2021. Our organization working in advance
payment basis and direct money transfer required against Pl to release any
dispatch. Billing directly from account department to HO to C&FA for dispatch.
So there was no direct money transaction via any of us. As a business head, my
duty was related to supervise managers in my jurisdiction state & office
work including indent, orders, claims & submissions of attendance &
expenses, which has never assigned to me, as the concern managers has placed
the SS Orders and I have only forwarded the same to our account department.
Even field staff & SS has been appointed as per the request of concern area
head and I have only forwarded required documents to the Company for approval.”
16.
During 5th
day of September’ 2024 and 16th day of September’ 2024, Mr. Vailaya
has sent me three mails and repeated the same contents to me.
17.
During 4th
day of September’ 2024 to 19th day of October’ 2024, I have sent
several request through messages to release my dues but the said Mr. Vailaya
always avoided my settlement request motivated.
18.
Lastly on 21st
day of October’ 2024, the said Mr. Vailaya has sent me message and almost
threatened me to take legal steps and inform my present organization about my
incompetency to handle assign duties which was the reason of companies loss,
although the company has worked on advance payment basis and there is no
question of loss in any circumstances.
19.
The
address of the applicant for the service of all notices
and process is Mr. Indronil Roy, Son of Late Asim Kumar Roy, aged about 55 years,
residing at Premises being no. 42G, Block, Baghajatin, Kolkata – 700086. Mobile
No.: 9831832899. Email : indronil_roy2004@yahoo.co.uk
20.
M/s. Giza Marketing Private Limited, having CIN: U51900MH1993PTC070426, being the opposite party, is
the person responsible for the payment of
his/her wages under sub-section (1) of section
14 of
the Act and his/her
address for the service
of all notices
and processes
is M/s. Giza Marketing Private Limited, having CIN: U51900MH1993PTC070426, and it’s Registered Office at Premises being No. 101/102, G. N. Tower,
Off S.V. Road, Near Subway, Andheri (West), Mumbai – 400058, Phone No.:
02261405300, Email gizaoffice@oliviaindia.com and it’s Kolkata H.Q. at Premises being no. 2, Jodhpur
Garden, (Old 5/1, Jodhpur Colony), Police Station Lake, Kolkata – 700045.
21.
The
applicant's wages have not been paid for the following wages periods (s);
(a)
Salary for the
month of August’ 2024 – Rs. 1,18,300/- (Rupees One Lakh Eighteen Thousand and
Three Hundred) only;
(b)
Misc. Dues -
Rs. 19,400/- (Rupees Nineteen Thousand and Four Hundred) only;
(c)
One Month
Salary – Bonus for the period 2023-24 Financial Year – Rs. 1,18,300/- (Rupees
One Lakh Eighteen Thousand and Three Hundred) only;
(d)
Total Dues
approx as a sum of money being Rs. 2,56,000/- (Rupees Two Lakhs and Fifty Six
Thousand) only.
22.
The
applicant estimates the value of relief sought by is/her at the sum of Rs. 2,56,000/- (Rupees Two
Lakhs and Fifty Six Thousand) only.
23.
The applicant prays that direction may be issued under sub-section (3) of
section 14 for;
(a)
Payment of his/her
delayed wages as estimated
or such greater or lesher
amount as the Autorty/Officer may find
to be due. And/Or Refund
of the amount illegally deducted;
(b)
Compensation amounting to
Rs. 2,50,000/- (Rupees Two Lakhs and Fifty Thousand) only.
The applicant certifies
that the statement of facts
continued in this application is, to the best of his/her knowledge and belief accurate.
Signature or thumb impression of the person employed
