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Sanjay Yagnik (Zonal Sales Manager)     24 May 2012

Fraud

Sir,
In the month of August 2010 this company employed me to look after the sales and marketing operation of the company in North. Company deals in tobacco business (gutkha ;mouth freshner ). They also recruited subordinates 5 nos. to support me in building business. Giving a little imprest amount and appointment letter to start there operation. Within 5 days I appointed one C&f ( Super Stockist ) in Ludhiana for them . Party deposited 5.30 Lac in Company account which was in Axis Bank given to us by company MD. In another 4 days time we appointed one more C&f in Jammu and he deposited 3.07 Lac in Company account. In Last week of the month while we were waiting for stock it was communicated that there is excise raid in company and company has to paid an excise of 33 Lacs so there has been bit delay in despatches. Since then the parties are waiting for the stock . Neither we people get salary nor parties get stock till December. In January company appointed two of the boys directly for Jammu area without my notification. They appointed C&f in Jammu and Srinagar. Stock was sent to both the parties during the period. While I questioned the company they said they need finances as operation has started . If you will bring finances then all the problem will be sorted out . Assuring and keeping the view of both the parties. I again fell into the trap this time in Srinagar 4.0 Lac but before I appoint him he send his person to check and meet the MD. This time he sent the stock to all three parties in month of feb. 70000/- to Ludhiana; 70000/- to Jammu ( all amount was to be adjusted with the salary of the boys working there) and 63000/- to Srinagar . Also appointed one boy there in Srinagar. Later on, he engaged himself in Politics saying that there is an election in U.P. and Bhaiya ( Rahul Gandhi) wants him to take control of the city in behalf of Mrs Bahuguna. In office there was a chaos of Congress worker. We waited till election . After election scenario was also Zero. Now again 3-4 month passed he is saying that he will send the stock. My Salary 1.50 lac is also pending with him . WHAT TO DO? I warned him that I will go to court he uses abusive words for the lawyers and judges.



Learning

 7 Replies

Kumar Doab (FIN)     24 May 2012

In such a situation employee should record all transactions (audio/Visual).These may come handy at an appropriate time in appropriate forum. If any one abuses, threats, intimidates, coerces you have the right to file a complaint with police, private complaint.

You have posted that:

--"I appointed one C&f (Super Stockiest ) in Ludhiana, C&f in Jammu". Who has signed the agreement on behalf of company? Is it you or someone else?

--"They appointed C&f in Jammu and Srinagar." Who has signed the agreement on behalf of company?

Ethically this can not be done. The parties appointed by you must be members of the local Stockist Association. If not they may become member and let their association take up the matter with company. The affected parties and their association can involve apex associations at all India level.

These parties and their association can appraise the parties appointed by company directly. Parties appointed by you can file case in local court.

J&K has its own penal code.

--"I again fell into the trap this time in Srinagar 4.0 Lac but before I appoint him he send his person to check and meet the MD." The person who has met the MD can represent to MD for the promises made e.g interest on advance/deposit, % of profit, other terms and conditions etc, and if the agreement is not supplied they can agitate.

--"This time he sent the stock to all three parties in month of feb. 70000/- to Ludhiana; 70000/- to Jammu ( all amount was to be adjusted with the salary of the boys working there)".

The boys are appointed by dealers or company? Who has issued the appointment letter?

 

Have you or the employees under you or appointed directly by company been submitting their daily reports?

Are they submitting their tour programmes and getting it sanctioned?

It is almost 20 months now.

It is felt that all employees should approach o/o Labor Commissioner, Wages Inspector, at their location and demand the payment of their wages. These employee mat become member of trade union like PCSMRU which affiliated with FMRAI. The union can represent the employees.

You may approach a competent and experienced service lawyer with all records and give inputs in person and your lawyer may advice you to approach o/o Labor commissioner, Civil Court. All of you should be a witness to each other. If the employee does not send lawyer to labor Court Company may also not be allowed to be represented by lawyer.

You may also try and meet some leader of the union PCMSRU. They may support you and represent you.

1 Like

Vishwa (translator)     24 May 2012

Very good reply, thanks (on behalf of the author, I  have no knowledge of this matter!)

ghansham das (self employed engineer)     24 May 2012

How long a stay can be in 420; 406, 138, before trial?

 

Is High Court not favouring Accsued?

 

 

ghansham das (self employed engineer)     27 May 2012

Any one can response pls?

Sanjay Yagnik (Zonal Sales Manager)     28 May 2012

Thanks  Mr Kumar. There is no agreement letter with the company between C&F and Company as most of the company in India works on the pattern that company do possess Office ; Product  and Company Account. Normally if the payment is to be deposited it is deposited in the Company Name in Bank Account. Company possess Bank Account in Axis Bank;ICICI Bank. So, they normally gives an account no. and the same is deposited in Company account.

Important thing is that now I had received 4-5 telephone calls from other C&F also from different states who had been also the victim of this Company.

Kumar Doab (FIN)     28 May 2012

C&F are usually member of the local trade associations e.g. stockiest association. They can approach their local state and national leadership. These associations are quite strong. They can even obtain the detail of excise raid. They can also check his proximity to Bhaiya.

Sensible traders supply the payment instrument by cheque, with original order. You may follow this practice in your future ventures. Kindly do not ask anyone to deposit advance without agreement and receipt.

You have posted that "This time he sent the stock to all three parties in month of feb. 70000/- to Ludhiana; 70000/- to Jammu (all amount was to be adjusted with the salary of the boys working there) and 63000/- to Srinagar." The VAT number, TAN/PAN no., address must be available on the bill.

Do everything which shall fetch the payment and relief to all concerned.

Initiate your action to recover your payouts. Let other filed staff start their action to recover their payouts.

Kindly check this if company is in operation, is financially healthy, and has some assets or not?

 

 

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     28 May 2012

Any one can response pls?

how u relates this? no stay 

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