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Letter To Labour Commissioner - Indronil Roy - Giza Marketing Private Limited - December - 2024

Complaint to Labour Commissioner
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0% found this document useful (0 votes)
28 views8 pages

Letter To Labour Commissioner - Indronil Roy - Giza Marketing Private Limited - December - 2024

Complaint to Labour Commissioner
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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~1~

Date : 20th day of December’ 2024


To,
1. The Labour Commissioner,
Office of the Labour
Commissionerate, having
Office at 11th Floor, New
Secretariat Building, at
Premises being No. 1, K.S.
Roy Road, Kolkata – 700001,
Contact No. : (033)-2248-
8150, Email :
labourcommissioner.wb@gma
il.com

2. The Assistant Labour


Commissioner, Office of the
assistant Labour
Commissioner Alipore, South
24 Parganas, having Office at
Premises being No. 620,
Diamond Harbour Road,
Behala Industrial Estate, Block
IV, Northern Block, 2nd Floor,
Kolkata – 700034, Contact No.
: (033)-2231-7590, Email :
[email protected]

Subject : Demand of Salary and


other dues totalling as a sum of
money being Rs. 2,56,000/-
(Rupees Two Lakhs and Fifty Six
Thousand) only from the employer
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
[email protected] and
having its office at Premises being
no. 2, Jodhpur Garden, (Old 5/1,
Jodhpur Colony), Police Station
Lake, Kolkata – 700045;

~1~
~2~

Dear Sir/s,

Please note that 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 8 th 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 Allowance Rs. 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.

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.

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

~2~
~3~

of the company which may come in force from time to time,


whatsoever.

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.

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.

~3~
~4~

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.

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.

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.

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.

Even I was also receiving my salaries after 19 /20 the days of the
month.

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,

~4~
~5~

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.

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.

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.

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.

Against my resignation mail dated 4 th day of September’ 2024, I


have received the acceptance of my resignation via email on 5 th 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 8 th 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.”

~5~
~6~

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.

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.

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.

My Dues are as follows;

 Salary for the month of August’ 2024 – Rs. 1,18,300/- (Rupees


One Lakh Eighteen Thousand and Three Hundred) only;
 Misc. Dues - Rs. 19,400/- (Rupees Nineteen Thousand and
Four Hundred) only;
 One Month Salary – Bonus for the period 2023-24 Financial
Year – Rs. 1,18,300/- (Rupees One Lakh Eighteen Thousand
and Three Hundred) only;
 Total Dues approx as a sum of money being Rs. 2,56,000/-
(Rupees Two Lakhs and Fifty Six Thousand) only.

I have communicated above stated facts by my Letter dated 11 th


day of November’ 2024, to the Company, which the Company is in
receipt though did not respond anything and did not pay any dues
to me, till date.

Therefore I resort before your good offices for your kind intervention
in pursuing the realization of dues from the employer to me.

Find the above, kindly do the needful in realizing my salary and


others dues, and oblige.

Thanking you,

Yours’ faithfully,

Mr. Indronil Roy,


42G, Block, Baghajatin,
Kolkata – 700086.
Mobile No.: 9831832899.
Email : [email protected]

~6~
~7~

Copy to;

1. 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
[email protected]

2. M/s. Giza Marketing Private Limited, having


CIN: U51900MH1993PTC070426, and it’s
Kolkata H.Q. at Premises being no. 2, Jodhpur
Garden, (Old 5/1, Jodhpur Colony), Police
Station Lake, Kolkata – 700045.

3. Irfan Razak Memon, (DIN: 00137934)


Director of 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
[email protected]

4. Asif Razak Memon, (DIN: 02150782) Director


of 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
[email protected]

5. Rajesh Vailaya, National Head, M/s. Giza


Marketing Private Limited, having 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

~7~
~8~

[email protected],
[email protected]

{ for information and necessary action only}

~8~

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