Residence: 151, Kalitala Park,

RAJARSHI MITRA
Advocate P.O Bansdroni, Kolkata- 700070.
High Court, Calcutta Mobile: 8013936976.
Email: [email protected].
Office: 6, Old Post Office
Street, Room No. 35 (First
floor), Kolkata- 700001.

Dated: 24.02.2023

To,
Sumit Sharma
HR Manager
‘PAPERKRAFT’
Saltee Plaza, Floor 2,
1, Jessore Road
Golpark, Kamardanga,
Kolkata – 700080.
E-mail Id- [email protected]

My client: Pritika Banerjee,

daughter of Late Pradip Kumar Banerjee,
residing at 78, H.L. Sarkar Road,
Bansdroni, Kolkata – 700070.

Sub: Unlawful termination of service and non-

payment of salary.
Sir,
This is to bring to your notice that my client was an employee of your Firm from 30th
December, 2022 till 16th February, 2023, on which date her employment was unlawfully and
wrongfully terminated.
That it is a matter of fact that my client got in contact with your Firm via LinkedIn (which is a
job searching and advertisement website) and my client got in contact with one Kush Sengupta who
had identified himself as an employee of your Firm, and, after having certain conversations with the
said Kush Sengupta about a job in your Firm, my client got a phone-call from yourself about a
suitable opportunity of a job for my client in your Firm. Thereafter, my client received a whatsapp
text from one Riya Sarkar who identified herself as an employee of your Firm, and after having
certain conversations with the said Riya Sarkar, my client was asked to attend a screening test via e-
mail. Upon receiving such instructions, my client appeared for a Screening Test via e-mail which she
had submitted to the said Riya Sarkar, and one Samrat Sil and one Saptarshi Pal, all of whom had
introduced themselves as employees of your Firm. She was then informed that she had been
selected and was offered the position of ‘Subject Matter Expert’ via an ‘Offer Letter’ sent by an e-
mail on 30th December, 2022. The said ‘Offer Letter’ beared the name of yourself and the style of
your Firm being ‘PAPERKRAFT’ and was signed by you. That my client was offered a fixed in-hand
salary of Rs. 21,000/- per month during the course of her employment as per the said ‘Offer Letter’
and my client had accepted such employment offer and joined your Firm and started working on
and from that very date, being 30th December, 2022.
That it must be stated herein that after joining your Firm, my client was never asked or
required to visit the office of your Firm and she was asked to work only on ‘Work from Home’ basis,
which she complied with. That my client soon realized that she did not receive salary for her work
during the month of December, 2022 and that she had not been informed by your Firm to visit the
office to open a separate Salary Account on her name for the purpose of crediting her due salary for
each month, as is the usual process in the service sector.
That upon further enquiry, my client got in contact with one Sumit Sharma, who introduced himself
to my client as the HR Manager of your Firm and informed my client that the Firm’s policy is to
credit the due salary for each month to the employees on the 15th day of every consecutive month.
Eventually, my client got in contact with the said Riya Sarkar who informed my client that the due
salary would be received by her in her personal Bank Account on the 15th day of each month till her
Salary Account is opened, and, then asked my client to share her personal Bank Account details to
the HR of the Firm for salary purposes. On the basis of such assurances, my client shared her
personal Bank Account details with the said HR Manager Sumit Sharma via WhatsApp on 7th
February, 2023. That later on, my client was told by yourself via WhatsApp on being asked when her
due salary would be credited to her Bank Account, that my client would be informed to visit the
office when the bank executives come to open salary accounts of the employees of ‘PAPERKRAFT’.
That on the basis of such assurances, my client kept on working and performing as per your
expectations. That it soon became apparent to my client after working for over forty-five (45) days
in your employment that she has not been paid a single penny for her work and that there is a clear
contractual violation of the offered salary of Rs. 21,000/- per month as mentioned in the ‘Offer
Letter’ which was provided by you and accepted by my client.
 That my client in pursuit of her due salary tried all modes of communication with you and
the HR Department of your Firm but to no avail, and instead, she was often met with rude and ill
behaviour and mistreatment from yourself and the said Sumit Sharma and Riya Sarkar.
It is pertinent to mention herein that my client worked to her very best efforts for the entire
period she was under your employment and has never received any official complaint and/or
grievance regarding her work or performance from your end or from any other employee of your
Firm.
That suddenly in the evening of 15th February, 2023 without any valid reason/s, my client
received an e-mail from the HR Department of your Firm stating ‘SALARY ON HOLD’. Bewildered on
receiving such an e-mail, my client enquired about the same, but, my client did not receive any
viable response from any employee of your Firm. That out of good faith, my client kept on
performing as per your requirements.
That in the evening of 15th February, 2023, my client received another e-mail from the HR
Department of your Firm stating ‘EMPLOYMENT ON HOLD’ without stating any valid reasons and/or
grounds for sending such an e-mail. That it soon became apparent to my client that you and your
Firm was trying to defraud and deceive my client by not paying the due salary to her. That it
eventually dawned on my client that you were trying to terminate her employment wrongfully and
unlawfully, showing baseless reasons as grounds for her termination. That when my client on 16th
February, 2023, sent an e-mail to you asking about her due salary, you replied via an e-mail on that
very day (16.02.2023) that my client’s due salary for the months of December and January will be
paid to her by the evening of the next day, i.e., 17th February, 2023, but, her salary for the month of
February will be kept on hold. However, my client did not receive any amount due to her, from your
Firm.
That on the night of 17th February, 2023, my client sent another e-mail to you expressing her
grievance about not receiving her due salary amount and stated that she would be compelled to
take legal action against your Firm as consequence. That it is regrettable to inform you that my
client has not received any amount from you or your Firm till date.
It is clearly evident from all the facts herein that you have cheated and defrauded my client
of Rs. 34,300/- for the 49 days she has worked under the employment of your Firm. My client has
worked to the best of her abilities and efforts for your Firm and has never received any official
complaints or grievances from your end or from any other employee of your Firm during her tenure
in your emloyment. It seems that you have taken advantage of my client’s good nature and kind
heart and cheated my client and perpetuated fraud on her by not paying my client her due salary
and by unlawfully terminating her employment to avoid paying my client her outstanding and due
salary amount.
That due to such appal deeds by you which are adamant and reprehensible, my client has no
other alternative but to demand from you the payment of Rs. 34,300/- which is due to her for her
service of 49 days in employment under you as per the ‘Offer Letter’ sent by you on 30th December,
2022. My client also demands a sum of Rs. 15,000/- from you for causing her such harassment and
mental trauma and mental agony.
That my client looks forward to your full cooperation with the aforementioned demands
within fifteen (15) days on receipt of this letter, failing which my client will have no other alternative
but to proceed against you for all the costs and consequences thereof in the Court of law.

Thanking You

Yours faithfully,

Advocate.