Empolyerrs not paying full and final payment
sandeep mathur
(Querist) 31 May 2013
This query is : Resolved
Dtae 27th May 2013
To,
SCM Inventure Pvt Ltd.
5&6 Amrut Siddhi CHS LTD,
Panch pakhadi, Thane (W),
Mumbai – 400602,
Kind Attn : Mr.Husein
CC : Mr.Parkesh Khatri – MD, SCM Inventure
Sub : Replay to Show Cause Notice dated 21st May 2013 issued through Mail by Mr. Husein husein.sariya@scminventure.in of SCM Inventure Pvt Ltd Mumbai to my self (Sandeep Mathur) msandeep1970@hotmail.com was employee of Scm Inventure Pvt Ltd Delhi as Manager Logistics North India till dated 18th May 2013.
Dear Mr.Husein,
This is with reference to the above referred Show Cause Notice dated 21st May 2013 issued by Mail Of Mr. Husein email id husein.sariya@scminventure.in of SCM Inventure Pvt Ltd Mumbai to my self (Sandeep Mathur) email id msandeep1970@hotmail.com was employee of SCM Inventure Pvt Ltd Delhi as Manager Logistics North India till dated 18th May 2013.
The following allegation are discernable from the Show Cause Notice :
Show Cause Notice
Reference to the offer letter issued to you and subsequent acceptance by you ; explain why action should not be initiated on you for the following
1)Non submission of required documents (resignation and relieving letter of last employer, last salary drawn evidence)for completion of employment process
2)Non adherence of office time
3)Non attending office since 4 May 2013
4)Unauthorised correspondence with company’s agents, client & employees
5)Possessing of company asset
6)Collecting and holding company monies from the client illegally
7)Non performance based on agreed terms of offer
It is our suggestion that you forthright surrender the company asset within 24 hours of receipt of this mail to avoid legal action. The matter will be filled in Mumbai jurisdiction and you are requested to be present as an individual or through your representative at Mumbai Thane court.
Reference to the offer letter issued to you and subsequent acceptance by you ; explain why action should not be initiated on you for the following
Our reply of each of these allegation is as follows :
1. Therefore No above mention particulars has been demanded by HR or Management till 9th May 2013 and therefore no appointment letter was issued dated 9th May 2013 to my self (Sandeep Mathur).
2) There is no non adherence of office timings and as evidence copy of attendees register attached, However my self (Sandeep Mathur) was reporting the office at 10 AM as per the office timings(i.e.10 AM to 6 PM) on all working days and if at all directly visits to customer it was duly informed to MD of the company Mr.Parkesh Khatri during my tenure in your organisation i.e. 9th May 2013.
3) However my self (Sandeep mathur) attended office dated 9th May and i had sent mail from my official email id sandeep.mathur@inventure.in to Company MD Mr.parkesh Khari on his official email id md@scminventure.in to inform about puja and of opening of new registered office of SC Inventure Delhi at FLAT NO 405 & 406 GOVERDHAN HOUSE 53/54, NEHRU PLACE, DELHI 110019.
For ready reference :
----------------------------------------------------------------------------------------------------
From: Sandeep Mathur [mailto:sandeep.mathur@scminventure.in]
Sent: Monday, May 06, 2013 1:27 PM
To: 'INFO'; 'Prakash Khatri'
Cc: 'husein.sariya@scminventure.in'; 'acounts@scminventure.in'; 'Suryakant Panda'; 'Kailash Singh'; 'SCM CS'; 'amitvijjan@gmail.com'; 'Rashmi Suresh'; 'S.H.Haider'
Subject: SCM DELHI OFFICE ADDRES
Dear All
Pls note SCM Delhi office Full style :
SCM INVENTURE PVT LTD
FLAT NO 405 – 406,
GOVERDHAN HOUSE – 53,54,
NEHRU PLACE,
NEW DELHI - 110019
Pls note we have Small Ganesha Pooja for office opening by tomorrow morning and we will be start working officially from this office tomorrow onwards (7th May 2013).
Shortly we will advise our Land Line Tel-phone Nos.
Warm Regards
Sandeep Mathur
Manager - Logistics ( North India)
M: +91 9958187010, 08826180101
E: sandeep.mathur@scminventure.in
Skype : Sandeep_mathur_7
W: www.scminventure.in
For ready reference :
However in your allegation I attended office only till 4th May 2013 is wrong and baseless where is you had confirmed in your mail dated 15th May that my self (Sandeep Mathur) had attended office opening pooja as on 8th May 2013 and my self (sandeep Mathur) was informed this to MD of company Mr.Parkesh Khatri as on th May 2013.
For ready reference :
“On 8th May you communicate with Mr Prakash about office Pooja but after that till 13th May you never inform anything about your presence in SCMI –Delhi office .”
4) It was noticed my official email id sandeep.mathur@scminventure.in was blocked as on 9th May by 6 PM without any information reason best known to the company. Therefore my self had sent a mail to Italy Overseas agent from my personal email ID on behalf of the customer, as he was pressurising me for the status of the shipment as per information was received from the customer’s consignee that shipment had been put on hold at destination till further instruction, since mail for holding of shipment delivery has been sent through Delhi office from CS Dept e mail id cs.del@scminventure.in. where is as per trade norms SCM Inventure and his overseas agent cannot hold the release of shipment delivery if the consignee is holding a FREIGHT PREPAID B/L.
For ready reference :
_________________________________________________________
Da: SCM CS [mailto:cs.del@scminventure.in]
Inviato: lunedì 29 aprile 2013 9.48
A: 'Alessandra Avallone'
Cc: ops.del@scminventure.in; sandeep.mathur@scminventure.in
Oggetto: RE: EXPORT SHIPMENT EX DELHI/INDIA TO NAPLES/ITALY - c/YASARONE SAS
ROMA
Dear Ms. Avallone,
Also please check with us before releasing delivery order to consignee.
Do not release cargo/delivery order without our confirmation.
Brgds
Shweta Awasthi
However no other mail was sent to SCM Inventure employees.
5) We may point out that “NO ASSET’s” is in my possession and no ‘ASSET” was issued to my self (Sandeep Mathur ) during my tenure till dated 9th May 2013 by the company SCM Inventure.
6) Therefore this allegation is illegal and unethical Since all payment was issued in favor of SCM inventure by customer so there is no question of holding any company payment with self (Sandeep Mathur).
We may also inform you that customer has been paid payment directly to SCM Inventur as per debit note issued by SCM Inventure to customer and customer deposited payment in the bank account of SCM Inventur as on 20th May 2013 through their bank account and this confirmation was already sent through mail to SCM inventure Delhi office OPS Dept.
For ready reference:
----------------------------------------------------------------------------------------------------
dear kailesh je
your account 00267472 is debited rs.103500.00 0n 20/5/2013 a/c info :AXISF13140000169 - SCM INVENTURE by mt customer umestky overseas.
Therefore point stands irrelevant and baseless collecting / holding of company’s money illegally.
7) Moreover no performance /KPI was agreed till dated 9th May so there is no question of performance based as per terms of offer.
In view of the above, The show cause Notice issued may be recalled notwithstanding the above allegation which would be in the interest of both (Sandeep Mathur and SCM Inventure).
Presuming that I will go legal is your prerogative but for me it is the last option in my mind as these things are frowned upon as unethical in the trade as is non settlement of my accounts. I wish to again appeal to you to kindly settle my accounts at the earliest It is also requested that pls send my dues payment of salary, fuel and cell expenses from date of joining 15th Apr 2013 to date of resignation 18th May 2013 of Rs.106666.00 upon receiving of this reply within 24 hovers along with interest on late payment till date of payment and compensation for 1 months salary and reliving latter along with NOC.
Since my joining was in Delhi office hence jurisdiction matter can only by file at Delhi court and more over for the office assets we have already clarified in point no 5.
Thanking you,
Your faithfully,
Sandeep Mathur
Cell No 9958187010,
R.K Nanda
(Expert) 31 May 2013
query too long to reply.
sandeep mathur
(Querist) 31 May 2013
dear sir I just want know to what should be next step if they are not replying any of my mail and post by register AD. How can pursue my case now.
Thanks
Sandeep mathur
Raj Kumar Makkad
(Expert) 31 May 2013
Engage a lawyer, serve a legal notice and then file a civil suit in the given case.
sandeep mathur
(Querist) 01 June 2013
thank you sir can you suggest any one in Delhi who can file the case 50% fees I can pay now and 50% once I will pay when I will get my dues and as per your experiences we are right for asking our dues and they are bound to my dues. And last thing this case will create any problem to get new job? they can publish in media for all this?
thanks
sandeep mathur
ajay sethi
(Expert) 01 June 2013
1) you should not mention name of company in your query nor reproduce entire details of communication addressed to employer
2) querist is advised to delete these particulars
3) lawyer will not agree to balnce 50% payment on re cipt of payment by you .
4) search in LCI data base for lawyers in DElhi .
Guest
(Expert) 01 June 2013
You were not required to publish detailed correspondence or exchange of mails here. That was required to be shown only to the expert you would have consulted in person for further necessary action in pursuit of your case. You could well have given summary description of your case with the employer for making the experts to understand your problem.
You seem to have replied the notice just four days back on 27th of May. So, in my view, instead of taking any hasty step, it would be better for you to wait for about a fortnight for the response from the company, so that any expert, whom you consult in person may also be able to conceive properly the intention of the company with reference to their reply, if received, or even in the absence of any reply, if not received by then.
sandeep mathur
(Querist) 13 June 2013
Dear Sir
It is more then 15v days of sanded reply of show case notice and 2 reminder but still employer didn't ack of my mail or send any reply.
So it will treat as that show cause notice have been windrow under if yes so under which section of low it will be treated as windrow.
And can I send any notice against under section of low to sent me wrong show cause notice.
Now my dues recover case will be file as suit of recover so pls advise which section will be applicable for recovery of my dues.
Awaiting your reply
Thanks and regds
Sandeep Mathur
