Civil Procedure Code (CPC)

Non payment of salary and other false commitments


 

Dear Sir,

1.       On 23rd June 2017, I had sent my resume to the email id of Dr. Nagraj Nandeesh (hnagaraj@hotmail.com). He is the MD of Live100 Hospital Pvt Ltd, Singasandra. Hosur Road.

2.       On June 27th, he replied asking me to meet him and in the email said to treat this as a ‘confirmation letter of offer’ with an expected joining date of 1st Aug.

3.       June 29th – Confirmed in person meeting on 8th/9th July. We meet on 9th July (Sunday) at Deepak Hospital in the presence of his wife, Dr. Shalini. Offer was confirmed verbally.

4.       July 13th – Offer letter (from his email id as mentioned above) was given with a designation of COO and CTC of Rs.30.00 L plus 10.00 L PLI (Performance linked incentive)

5.       July 18th – I confirmed my acceptance and joining date as 4th Sept 2017. (Monday)

6.       I joined on 4th Sept and despite several reminders on the appointment letter and the KRAs for the PLI, none was issued. However, I started work in all eagerness and made the organogram, KRA/JDs for the entire hospital staff, started meeting corporate clients, insurance companies, etc and also doctors to refer cases to the hospital.

 

7.       POINTS TO CONSIDER –

a.       Designation given at time of joining Chief Operating Officer

b.      Salary confirmed at 30.00 L plus PLI of !0.00 L

8.       On 18th I received a mail from his daughter, Ms. Nikita Nagaraj (nikita_nagraj@yahoo.com) which had the JD of two positions – one for MRD executive and one fr Sr VP Branding and Marketing without any clear explanation on the 2nd JD set.

9.       I spoke to Dr Nagaraj the same day and he said that the hospital needed business development more so my designation had been changed and I would need to focus only on the marketing side, recruit a sales team of 5 people, begin work on the digital marketing etc. Since I had no option and salary wasn’t reduced, I decided to give it my best shot, though I told Dr Nagaraj that I felt disappointed and cheated.

10.   Oct 12th – Salary has not yet been paid and when I checked with the accounts section, they informed me that the cheque was with Dr Nagaraj, but amount was reduced from 2.50 L to 2.00 L on his instructions. Removing the days I was on leave, and TDS, I expect to get 1.28L as against 1.70L

a.       This implies my salary has been reduced from 30.00 L per annum to 24.00 L per annum without any intimation to me.

b.      TDS is being deducted but from internal sources, the company has not paid TDS since April 2017 or PF to any of its employees.

c.       They have also not taken my IT declaration statement.

 

Points I would like you to consider:

 

1.       I gave up a secure job and joined this organisation. Before joining (at the time of interview) I was told that he gets international patients who are billed 25000 USD / operation and normally, there are 4 such cases plus the Govt. of Bahrain is his client and they will invest in this hospital. Also, the understanding was that I will make this hospital (in Singasandhra) running efficiently and then I can shift my HO to Bahrain and work from there.

a.       This turned out to be a lie.

2.       It was on the promise of an exciting career opportunity that my family and I agreed to stay apart for a year and a half, nut in hindsight; this is the biggest mistake of my career.

3.       I have spent a considerable amount of money in shifting from Hyderabad to Bangalore in transportation and deposit and setting up my house (approx. 50000/-)

a.       Now I need to shift back to Hyderabad which will again cost me transportation and loss of deposit.

4.       I have no assurance that I will receive my salary for the month of Oct 2017.

I would like you to take up the following:

1.       Reimbursement of my shifting from Hyderabad to Bangalore and back including other expenses like loss of deposit, travel expenses, setting up house, etc.     (Rs.65000)

2.       Compensation for the loss of income to the tune of 2 month’s pay based on the CTC given by email on 13th July 2017.  (Rs.5,00,000/-) Gross pay for two months – TDS can be deducted

3.       My career has lost the momentum due to this and I would like to be compensated the amounts mentioned in point 1 & 2 above.

4.       Any expenses incurred towards this case needs to be borne by Dr Nagaraj and family.

Please let me know how we can proceed.

Regards

 

Vinod

List of People and phone no’s for your reference to verify my claim -

Dr Nagaraj – 9844059406 (MD of LIVE100 Hospital Pvt Ltd)

Dr Shalini – 9980166716 (Director and also looks into HR and Admin)

Nikita Nagaraj – 9980218942 (Daughter and Director)

Naseem K - Accounts – 8951005237 (Employee)

Narayan - Admin cum HR – 9900810007 (Employee)

Vinod - Packers & Movers – 8886035001 (Company that shifted my luggage)

 
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