Sunday, February 23, 2025

FORM - N (See Rule 31) Application for Recovery of Wages

 

FORM - N
(See Rule 31)
Application for Recovery of Wages

In the court of the Authority/Officer appointed under the West Bengal Shops and Establishments Act, 1968.

 

 

APPLICATION NO. ____________________ 2025

 

BETWEEN

 

Mr. Indronil Roy, Son of Late Asim Kumar Roy, aged about 55 years, residing at 42G, Block, Baghajatin, Kolkata – 700086.
Mobile No.: 9831832899
Email: indronil_roy2004@yahoo.co.uk
(Applicant / Employee)

 

AND

 

M/s. Giza Marketing Private Limited, CIN: U51900MH1993PTC070426, having its Registered Office at 101/102, G.N. Tower, Off S.V. Road, Near Subway, Andheri (West), Mumbai – 400058.
Phone No.: 02261405300
Email: gizaoffice@oliviaindia.com
Kolkata Headquarters: 2, Jodhpur Garden, (Old 5/1, Jodhpur Colony), Police Station Lake, Kolkata – 700045.
(Opposite Party / Company)

 

1. Employment and Terms of Appointment

 

  1. The Applicant was employed with M/s. Giza Marketing Private Limited at its Kolkata Headquarters on January 8, 2021, pursuant to an Offer Letter dated January 8, 2021, appointing him as Business Head - East Zone (covering West Bengal, North East Region, Bihar, Jharkhand, Odisha, Nepal, Bangladesh, and Bhutan).

 

  1. The Applicant's remuneration package was as follows:
    • Salary: Rs. 13,00,000/- per annum (including bonus)
    • Daily Allowances:
      • Local DA: Rs. 500/- per day + Fuel
      • Outstation Allowance: Rs. 3,000/- per day
    • Other Benefits:
      • Mobile & Internet: Actual reimbursement
      • Travel Expenses: Actual reimbursement
  2. The Applicant was initially placed on probation for six months, subject to extension or confirmation at the Company's discretion.

 

2. Nature of Work and Responsibilities

 

  1. The Offer Letter did not specify the Applicant’s job responsibilities in writing. Throughout his employment, no written assignment of duties or service regulations was provided.
  2. In practice, the Applicant was primarily engaged in clerical and administrative work, including:
    • Managing dispatch and delivery records
    • Checking MIS reports
    • Preparing sales projections
    • Forwarding distributor claims and grievances
    • Overseeing office maintenance
  3. The Applicant had no decision-making authority and all approvals were subject to the discretion of his superior, Mr. Rajesh Vailaya (National Sales Manager), based at the Mumbai Registered Office.

 

3. Unethical Business Practices and Work Conditions

 

  1. The Company failed to address significant market disputes caused by its refusal to accept returns of expired or damaged cosmetic products. This led to numerous grievances from distributors and stockists.
  2. Despite repeated requests by the Applicant to address these issues, the Company remained unresponsive.
  3. The Company deliberately delayed salary payments for employees, including the Applicant, often releasing salaries between the 18th and 22nd of the month, with unauthorized deductions.
  4. Over the last six to seven months, employees faced increasing dissatisfaction due to:
    • Unexplained salary deductions
    • Delayed reimbursements
    • Unfair blame-shifting practices by management

 

4. Resignation and Post-Employment Issues

 

  1. Due to the above circumstances, the Applicant submitted his resignation on September 4, 2024, and officially handed over his responsibilities on September 9, 2024.

 

  1. The Company acknowledged the resignation on September 5, 2024, but imposed unlawful conditions for the settlement of dues, including:
    • Obtaining an NOC from Super Stockists
    • Submission of pending claims
    • Serving a 21-day notice period, despite no such requirement in the Offer Letter

 

  1. The Applicant disputed these conditions and clarified that his role did not involve direct financial transactions, rendering the NOC request baseless.

 

  1. Despite multiple follow-ups from September 4, 2024, to October 19, 2024, the Company refused to release the Applicant’s pending dues.

 

  1. On October 21, 2024, Mr. Rajesh Vailaya threatened legal action and warned of informing the Applicant’s new employer about alleged incompetency, despite the Company's advance payment policy preventing financial loss.

 

5. Relief Sought

 

  1. The Applicant's unpaid wages are as follows:
    • Salary for August 2024: Rs. 1,18,300/-
    • Miscellaneous dues: Rs. 19,400/-
    • One Month Salary (Bonus for FY 2023-24): Rs. 1,18,300/-
    • Total amount due: Rs. 2,56,000/-

 

  1. The Applicant seeks compensation of Rs. 2,50,000/- for mental distress, financial hardship, and reputational harm caused by the Company’s unlawful actions.

 

6. Prayer for Relief

 

  1. The Applicant respectfully requests this Hon’ble Authority to:
    • Direct the Company to release the Applicant’s unpaid wages and dues amounting to Rs. 2,56,000/-

 

    • Award compensation of Rs. 2,50,000/- for financial distress and damages

 

    • Declare the Company’s actions unlawful and issue appropriate legal directions to prevent further exploitation of employees

 

  1. The Applicant certifies that the statements in this application are true to the best of his knowledge and belief.

 

 

 

 

 

 

Signature of Applicant:
Mr. Indronil Roy
Date: ______________
Place: Kolkata

Service of Notices:

  • Applicant’s Address: 42G, Block, Baghajatin, Kolkata – 700086
  • Company’s Address:
    • Registered Office: 101/102, G.N. Tower, Off S.V. Road, Andheri (West), Mumbai – 400058
    • Kolkata HQ: 2, Jodhpur Garden, Kolkata – 700045

 

 

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