TO,                                                                      DT.: 14.10.2024

M/S. XXXXXXX LLP

Through its Founder & CEO / Manager

Office at: ________________________

LEGAL NOTICE

Dear Sir/Madam,

Under the instructions and authority of my client, Mr.xxxxx , residing at xxxxxxxxxx, Delhi-1100__, I hereby serve this legal notice in regard to your company’s blatant failure to fulfil its contractual obligations under the terms of the appointment letter issued to my client. This notice also addresses the unlawful and violent assault committed by your HR personnel upon my client when he sought to claim his legitimate dues. The aforementioned actions have caused my client immense physical and mental distress, for which he is currently undergoing medical evaluation and treatment.

1.       That my client joined the company of you the addressee on 12.06.2024 as Assistant General Manager, pursuant to the appointment letter issued by your company dated 12.06.2024. As per the terms of the appointment, my client was entitled to a monthly salary of Rs. 75,000/- in the event of sales occurring during the month, and Rs. 40,000/- if no sales were achieved. My client fulfilled all his duties diligently and maintained an impeccable work record during his tenure with your company.

2.       That despite my client performing his duties in good faith and utmost sincerity, your company has wilfully failed to honor the contractual obligations set forth in the appointment letter. Specifically, the salary of my client for the month of September 2024 remains unpaid, despite multiple requests and follow-ups with your HR Department. The repeated denial of payment constitutes a clear breach of contract, violating both the letter and spirit of the terms agreed upon. It is unconscionable that a reputed company such as you the addressee would ignore its fundamental responsibility of remunerating an employee for services rendered.

3.       That on 07.10.2024, when my client visited your HR Department to request the release of his pending salary, he was met with hostility by your HR personnel, specifically Mr. D. Instead of addressing the legitimate concerns raised by my client, Mr. Y not only refused to release the pending dues but proceeded to physically assault with my client. My client was subjected to a brutal and unlawful beating at the hands of Mr. Y, resulting in physical injuries, particularly to his head and chest. This appalling incident has caused my client extreme pain and suffering, for which he is now undergoing medical investigations, including an MRI scan of his head and chest to assess the extent of the damage. This violent act not only amounts to criminal assault under the Indian Penal Code but also inflicted severe mental trauma on my client. My client reserves his right to pursue appropriate criminal and civil actions against the individuals responsible for this assault and the company for its gross misconduct.

In light of the above, you the addressee are hereby called upon to:

a.       Immediately release the salary for the month of September 2024 as per the terms of the appointment letter; and

b.       Clear all pending dues, including salary, benefits, and any other entitlements owed to my client under a full and final settlement; and

c.       Withdraw any false allegations or claims made against my client, which have defamed his character and reputation; and

d.       Compensate my client for the physical and mental trauma he has suffered as a result of the assault, including reimbursement for all medical expenses incurred for the ongoing MRI scans and treatment for his injuries. It is pertinent to note that the injuries sustained have severely impacted my client’s ability to work and maintain his health, causing further distress and financial strain. My client’s pain and suffering must be duly compensated.

You the addressee are required to respond to this legal notice within 15 days of its receipt, failing which my client will have no alternative but to initiate appropriate legal proceedings against you the addressee, including but not limited to civil actions for recovery of dues and damages, as well as criminal complaints for the assault, at your risk, cost, and consequences. Please note that this notice serves as a final opportunity for amicable resolution before the matter is taken to the courts.

XXXXXXX

Advocate

To,                                                                       Dt.: 15.10.2024

The Station House Officer,
Police Station
Sector-65, Gurgaon.

Sub:  Complaint Against Mr. D (HR) and XXX LLP both at  XXXXXXXX, for Assault, Criminal Intimidation, and False Allegations.

Respected Sir/Madam,

I, XXXXXXXX , son of Sh. ………….. residing at _____________________Delhi-110035, am filing this complaint against Mr.D (HR personnel) and the management of XXX LLP, located at___________________________________________________, for committing acts of physical assault, criminal intimidation, and leveling false allegations against me, causing severe harm to my dignity, livelihood, and mental health.

1.                 That on 07.10.2024, I approached the HR Department of the company to request the release of my pending salary, which was overdue as per my employment contract. Despite my polite inquiries, I was deliberately ignored, delayed, and subjected to abuse by Mr. D, the HR personnel. He asked me to step outside the office where cameras were not present. There, he slapped me, pushed me, and verbally assaulted me by saying, "Mai yaha ka local hu, mera kuch nahi kar sakta tu". This was an attempt to intimidate me and make me feel powerless against him and the company’s management.

2.                 On the next, during a discussion about salary deductions with Ms.K ma’am, HR once again unjustly accused me of not following the company’s protocols. When I defended my position, Mr. D physically assaulted me, punching me 20-25 times on my face and head, this time in full view of the CCTV cameras located within the office premises. The assault caused serious physical injuries, for which I am currently undergoing medical treatment, including MRI scans of my head and chest.

3.                 Rather than addressing my grievances or taking disciplinary action against the HR personnel for his violent actions, the management of company, in collusion with Mr. Deepak Yadav, has levelled false and malicious allegations against me by email dated 09.10.2024. They have falsely accused me of inappropriate behavior in an attempt to discredit my claims and save the company image.

4.                 Despite my services and a clean record with the company, they are now trying to damage my professional reputation by making baseless claims and pressuring me to retract my complaint. This constitutes a clear abuse of power by the company, which is acting with common intention to cover up the assault and protect their HR personnel from facing the legal consequences of his criminal actions.

5.                 This malicious campaign by the HR and the company has caused me severe physical and mental trauma. As an employee who worked diligently to support both the company and my family, this abuse of power has not only affected my health but also endangered my livelihood. The company’s refusal to release my pending salary has created financial strain on my family. The assault and subsequent false allegations have tarnished my reputation, putting my entire professional career at risk.

I, hereby request to your goodself to Register an FIR against Mr. Deepak Yadav for the physical assault and the company management for their role in criminal conspiracy and common intention and conduct a thorough investigation into the assault, including the retrieval of CCTV footage from the office premises on 07.10.2024 as evidence.

Please take action against the company management for attempting to defame and intimidate me with false allegations, further compounding my distress. Ensure that justice is served for the physical, emotional, and financial harm caused to me due to this illegal and unethical conduct by Mr. D.

I am ready to cooperate fully and provide any additional information, including medical records, witness statements, and documentation regarding my employment and the false claims made against me by the company.

Yours sincerely,

(Nikhil Gandhi)

C-7/113, Keshav Puram, Delhi-110035