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TMI Blog2013 (1) TMI 1065X X X X Extracts X X X X X X X X Extracts X X X X ..... t and General Manager of Connectiva India" by a letter dated March 30, 2009 signed by Chief Executive Officer (CEO) of Connectiva Systems and the letter bears the logo and name of Connectiva but carries the address of Connectiva Systems, Inc. New York. The letter provided that the petitioner would be eligible for annual bonus and a further commission on the revenue generated and managed by the petitioner in his sales and account management capacity. The letter also spoke of a stock option as part of an additional compensation incentive package. In describing the general role and responsibilities of the petitioner, the letter of March 30, 2009 specified that the petitioner would "oversee all business operations of the Connectiva In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2011 when the petitioner called upon the same Pratyush Bhowmick to release an amount of Rs.4 lakh on account of the petitioner's bonus for financial year 2011 along with the sales commission of US$5000. The petitioner indicated in the mail that it was agreed that such amount would be paid to the petitioner since the petitioner gave up his claim towards employees' stock option. The petitioner also asserted that such dues were promised to be paid to the petitioner by September 30, 2011. A copy of such mail of October 17, 2011 was forwarded to the CEO on November 25, 2011. The reply came from the CEO, Avi Basu, who said that, "in any case 4l is due to you as your 'f & f' and we will settle this by end of December." ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sued to the petitioner - sometimes the technicalities are forgotten; or, it may have been perceived that using an American company's letterhead rather than an Indian company's was more impressive - it is evident from the several pay slips relied upon by the petitioner and the tax certificate that it was the company which was obliged to pay the petitioner and that the company consistently paid the salary to the petitioner after duly deducting tax therefrom according to Indian laws. 9. As to the merits of the claim, there is no room for the company to wriggle out of its categorical admission contained in Pratyush Bhowmick's e-mail of June 22, 2011 that a lump sum amount of US$5000 was payable on account of commission. The company ..... X X X X Extracts X X X X X X X X Extracts X X X X
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