Wage Theft Lawsuit Case on ShopDev Pvt. Ltd

O300483SI7

HE CO

24/9/23

CASE NO

fha/s2/23

DISTRICT

DATE'OF INSTITUTION.

V¸RSUS

Plaintiff.

(37311922:yi i s í - 4 0

7

Forn of

Anplication (Scu sub secion () of socion 15 oflndividual he Punjatb paymentl of wages (eoN)

lnthe Court ofhe Aulhorily appolntod under tha Puujalb Payntcnt ol Vi:;

(Antendnenl) Act, 2014, for (Lahoro Soutli)

D. Lrens

nobice

AWUCHON NO WA

lietween Moh Aw; ArMHD Kasif. shad.

APPN)

(Uhmuh^lal Ptnctilionerlan 0tficaal of Regislerced Tindr Uns/ edesr!

VIS

LnnployeriManger,

Shapla. Pseteiiect0.Ks-S

Quuide Aa udustal Esute.Labae.PrOSIrE PA

Ihe applcant slales as lollows:

1

Koag. igvas person oinpliyed witl1 the establish1ment of Ihe oppu::

DanginaANe|2loct09. to a Auq Al. Milh monthly Salary fRs.,bo

The address of he pplicant for llhe servico ol al nolices and procesSes is:

1Dl-C Abelalians Co OPhanig Sacels.L AR..Mob No 031\0o n72 -

2. FrmploycIManger lhe opposile partys the person respons1bla for Ihe payma:! **

wagr" and Legal dues undcr seclion 3 of tho Act, and his address lor lhe servicn nt 1olices aNd iroccsses is Us under:

Shopler. Pixake,L+D) /8S-S.An1l-e-pan Suductl Este LHR 3. he applicanl's wagcs and Logal ducs have nol bcen paid fer tht p.ri Rs Isas bccn unlawtully dedvck!

: !

detats of wliclh s Lisled lielow.

IYE O DUSE

Overn. Time

TIME PERIOD

AMOUNTS

32000/.vSD;

4. Tlhe applicant esl1mnles the value of the rclief sought by him at the sun1 of IR* 5 ho aplicanl prays thal a direcllon may be issued undor sub-scction (3) ol s.: 15 for

() P:xyment of delaycd vwages and Legal dues as eslnaled or such gtealer or le:

amount ns theAulliorlly m1y fnd to bo due. Or Rofund of the amount illeguily doouct'r (b)ComDensation amounling 1s len limo

The Aprcarnl certifies thal the slatement al lncls coilained in hs applicaliun (s tu le

iestol s knovlc:dgg and belicl accUrile Daler!

Kaly Signalure or thtunnb, lnrcssIonof tho cmployed person

Tluougl1 duly aut:r. |Pactitioncrlan Olficial of Reg1stercu Trada Unon/Fcuerut:on

Adveece

BETÜRE THE AUTHORITY PAYMENT Or WAGES ACT

LAHORE NORTH.

/2023

Petition No.

Muhammad Kashif Irshad resident of 101-C Abdalains Housing Society Lahore.

Cooperative

PETITIONER

Vs.

Offier, 185-S ShopDev Private Limite through its Chief Executive Lahore.

Quaid-e-Azam Industrial Estate, Near Hamdard Chowk, RESPO: DENT

oF(ENIAB PETITION UNDER SECTION2)

LKPSPIRAL RELATIpN 4CT210 RiAÐtTH : 1 h

neæeR dASSn.HY RESPONENT.

Respectfully sheweth: partics are sufficicnt for cffccting 1. That the addres_es of the the partics. the services of summons/notices to case lare that the petitioncr 2. That the berief facts of the namely ShopDev rendered his services in Industrial Estate 2019 till 10 August, Private Limited rom 21 Octorber Enginccr lor a period of bout2 2022 as Senior Staif Data the original Contract and years and 9 months under

(2) labour laws and he was assisgned duties for an

8hours

per day and was also assigned additional work at least 4

hours per day which consists conducting intervicws for new hires, providing training to resource developing

prototypes of software proposl aimed at acquiring new clients and driving business growth. The Director Human Resources ShoDev Private Limited issued a letter dated 24

August 2022 which reflects that the petitioner is an

individual with a great sense of responsibility, creativety and the ability to adapt to change easily. It has been further added that the petitioner always shown motivation to take initiatives and has been greatly helpful for the organization and we wish him the best of luck in all his

future endeavors. It means that the petitioner rendered his services 1n the organization honestly but the respondent

terminated

his

services

without

any

justification.

(Copy of letter dated 24th August, 2022 is

attached).

3. That the petitioner rendered his services with overtime but he has not been compensated by the respondent whereas the petitioner issued an invoice for minimum of 2 extra hours per day and 40 extra hours per month which were

calculated according to international rate of 40USD per hour which fact has been admitted by the respondent.

4. That the petitioner requested the respondent to detrmine the total number of extra hours worked by him, ascertain and direct thÝ the appropirate rate of these houre company/ShopDev to reimburse the petitioner in the

interest of justice andequity but the respondent refused to action accept the genuine request of the petitioner and no has been taken so far.

clearance certificate for final with the signature of compctent authority

5. That the respondent company issued

(3 settlement in favour of the petitioner according to which

total payment was shown in clearnce from Rs.1,125,000/ which has not been paid till today to the petitioner. It shows

that

the

respondent

company

with

active

connivance and with mala fide intention played hide and seek with the petitioner and has not paid the said amount to thepetitioner till today which is highhandedness on the part of the respondent company.

6. That the petitioner time and again approached the respondent and requested the respondent company to pay

all the dues according to contract but failed to pay the same to the petitioner.

7. That the petitioner also sent a legal notice to the

respondent company dated 26.6.2023 but no reply has

been received by the petitioner tilltoday.

8. That the petitioner also moved an applicationto Chairman Mediation Committee Quaid-e-Azam Industrial Estate

Lahore and requested him to resolve the controversy

between the petitioner and the respondent but no action has been taken so far on the application of the petitioner.

9.That after being so disappointed now the petitioner has Jeft with no other option except to invoke the extra

ordinary jurisdiction of this Hon'ble Authority.

PRAY ER.

It is therefore most respectfully prayed that this petition may kindly be accepted and the respodnent may

kindly be directed to pay all the dues/salary and other emolunments and back benefits in the interest of justicc

and equity.

(4) Any other relief which this Hon'ble Court may decms fit and proper may also be awarded.

PETITÍONER

Through: (MUHAMMAD ABDUL RAUF SALEEM) ADVOCATE HIGH COURT

4-MOZANG ROAD, LAHORE

BERORE THE AUTHORITY PAYMNT OF WAGES ACT LAHORE NORTH.

Petition No.

/2023

AFFIDAVIT OF

Muhammad Kashif Irshad resident of 101-C Abdalains

Cooperative Housing Society Lahore.

Ithe above named deponent do hereby solemnly affirm and declare as under: That the contents of accompanying appending petition are true and correct to the best of my

knowledge and belief and nothing has been concealed therefrom.

DEPONENT

VERFICATION. Nerified on oath at Lahore, this l1th day of July

023 that the contents of above affidavit are true and Correct to the best of my knowledge and belief and nothing has been concealed therefrom.

ATTESTE

Ka

DEPONENT

(6

shopdev

Siopdov (Privato) Cimited

Lanorte Puna abln Thursday 17 Octoter 20)*9

Dear Kaslhl Irshad.

Shopdcv Is pleased lo ofler you the pos1tion ol "Date Engincor" cfloctive Monday Octohgr 21, 2019 Ths posilor nll report lo All Ahnad Azlz (CEO) II Is offered sSubiect lo satislaclory rolerenceand pre.cnploymentce n03a 3Months probationary period during which your performance will be revievIed Other terms and condilions of your

(

employmenl are as follows

The siating salary for this position is PKR 160,000 oer month (inclusive of mobile and travel

allowances)

You wall also be elhgible 1o receive the following beneits: -Med1cal insurance

. Graluity fund B1rthday cash bonus (up lo 10% of salary and a day ofl) Yearly anniversary day oll - Vacal1on personal lime ofl 30 business days in the fnancial vear (From July 1" till June 30")

.Your next review will be held in January 2021, and any raise in the salary wll entirely depeng Tn your perlgrmance il :

malches the required standards

On the frst day of your conlrac., you will be g1ven adoilional inlormalion about Shopdev's procedures Tnd pultoes arJ be

asked to sIgn a NDA (Non-Disclosure Agrcemen!) end NCA (Non-Cormpcle Agrecment)

Flcasc nole that your contract with Shopdev consl1tules 'al vwil' employmenl and is not for a spec1l:ed period Asa resu" vo0 are free lo resign af any lime. lor any reason or lor no rcason with a 1month nolice penod. Likewsc Shorurey

free t o l

is emplnyment relalionship vilh you al any une. with or wilhnl cause, with a 1 ronth notice perinC Your slarn date with Shopdev is Monday Oclober 21, 2019 and you wll be work1ng at Sherdsv Offce1.e 125 S Olade Azam Industrnal Estale, Kol Lakhpat Lahore.

Sohbil

Ma gner JHR

hccepled

Vash1f Irshad

Prlve

S shopder

Shcpdey(Private) Limted "wshopdev co

185-S Quaid e Azam Industrat Estate Kot Lakhoat Lahore Pak1sten

August 24, 2022

To Whom It May Conccrn

This is to certitk that Muhammad Kashif Irshad holding CNIC # with Shopdev Pvt. Ltd from 21-0ct-19 till 10-Aug-22 as

31104-1681438-7 has been associated Senior Staff Data Engincer.

We found Kashif Irshad to be un individualwith a great sense of to adapt fo changc ensily, He has alvwavs shovn motivation to take

for tiic oranization.

lewishhim the best of luck in all his future endeavors.

Sinzercly.

Mubaryad Shof4z Chaudhry DireciorHhan Resources

Shopdev Privae Lid

-)2 i00 85020.46

responsibility. creativity. andthe ability initiatives and has been greatly helptul

(

DouSign Envelope lD ACBC5CE4-2A28-4795-B2BA-DD9AF42F ArA0

Clearance Form

shopdev

Final Settlement: Kashlf Irshad 10 Aug2G22 compony Name : Shopdev Pvt Ltd.

Lost Day:

Employee Role :

Senior Staff Dato Englnecr

Total Gróss Sålary

375,000 23

No. of Days (August 2022) Per Day Salary (August 2022)

16,304

375,000

No. of Days (September 2022) Per Day Salary (September 2022)

22

17,045

Payable Salary for the Month of August 2022

Days 23

375,000

Income Tax

(61,790)

Total

313,210

Payable Salary for the Month of September 2022

119,318

Total

119,318

Number of Gratuities

375,000

Salary Amount Applicable for Gratuity Payable Amount of Gratulties

1,125,000

Other Payables:

18,300

OPD Claim

Total Amount Payable

1,575,828

enopde

Signature Figance

24)2

date Slgnature HR

Signature Employee (Agreed & Accepted)

-DocuSigned by:

taduf lrad -D299E753AAF6474.

2022 ate

FORM E

NOTICE FOR THE DISPOSAL OF APPLICATION In the Court of the Authority appointed under the Punjab Payment 0: Wages (Amendment) Act, 2014. for District Lahore (South Zone); Sector B-2, Township, Near Chandni Chowk, Lahore.

APPLICATIONNO PWA.

Dated

n Re

VS

To

Weges (Amendment Act, 2014, a clain Whereas under the Punjab Payment of encBosed, the applicaion of which a copy is in me to preserted been has you against person duly before me either in person cr by any you are hereby called upon to appear questions relating to the application, or who instructed, and able to answer alH material material questions relating to

able to answer all shall be accompanied by some person Such accompanied by some person able to ansWEr all be shall who ´or application, the ..20-.3at.. o'clock in the forenoon questions, on the...... 2(.....day of .. for the finai fixed for your appearance is appointed to answer the claim; and as the day prepared to produce on that day al! the be must you application, the disposal of documents upc which you intend to rely in the and evidence, whose upon witnesses support of your defiance. on the day before mentioned, the "äke notice that, in default of your appearance absence applicat:onwill be heard and determined in your Siven uncer my hand and

Seet

31-8o)

20.- ?

M&P Express Logistics (Pvt) Ltd. (Sales Tax Invoices) Prlee tnformattan

Shipment Information TrackinR/CNM: 342001 10B15R Ref No:

Service: overnight origin: LAHORE

To: CEO

Address: SHOP DEV PV LTD 18s s OUAIOE AZAM INDUSTRIAL STATE KOT

From: ABDUL SATTAR

Insurance:

Address: LAHORE Contact: 03004164441

Signature:

CNIC/NTN: Supplementary: Special Instructlons:

|05

1lr1

Val. Decdared:

Booking Date: 19-Aug-2023 19:48 PNTN: O860540-8 Booking Code: 10290

Pleces: Charged Welght:

LAKHPAT LAHORE Contnct:0

Dest: LAHORE

User: Muhammad.Hussain@mulphilog.com

1

Clent Informatton

ofmenslon:

Amount:

olscount:

PST: @16% Net Amount (Rs.): |Descriptton: On SbienerRRb

120 96 10%

Z3.04

144 00

Package Contents: DOC UAN: 111-202.202 wra.

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