Back in January, it was reported that IT services company Exusia India Pvt Ltd. has been smuggling money illegally from India to its headquarters in Miami, Florida in the US.
Exusia is an IT services firm, which “was founded in 2012 in New York City with its Americas headquarters in Miami (United States), European headquarters in London (United Kingdom), African headquarters in Johannesburg (South Africa), and Asian headquarters in Pune (India) with delivery centers in Pune (India), Gurugram (India), Hyderabad (India), Bangalore (India) and Chennai (India).”
Allegations
Several Indian employees had lodged complaints in both India and the US against alleged illegal activities.
Allegations ranged from visa exploitation to deducting TDS from employees’ salaries without submitting it to the Income tax department.
They also misappropriated provident funds deducted from employees’ salary which it was also withholding.
Complaints filed
Nascent Information Technology Employees Senate or NITES, an employee union based in Pune had filed a complaint with the Labor Commissioner’s office.
It also submitted complaints to the Income tax department, Employees Provident Fund Organization EPFO & Ministry of Labour and Employment Government of Maharashtra.
It was found to have been in violation of various Labour laws as it had not paid FnF & statutory gratuity amount to a lot of employees.
Rajneesh Kumar Sharma an ex-Project Delivery Manager of Exusia India had filed a complaint against the company to the Labour Commissioner office, Police Station Yerwada, Police Commissioner Office Pune, Asst. Commissioner of Police as well as Deputy Commissioner of Police.
Court orders police probe
In the latest development, a court has issued an order under Section 156(3) of the Code of Criminal Procedure.
It has directed the Yerwada Police Station to initiate an investigation into the alleged offenses committed by the accused, punishable under Sections 406, 417, and 418 of the Indian Penal Code (IPC).
Milestone achieved
The court’s order has been hailed by NITES as “groundbreaking” and a “resounding victory for employee rights.
It further highlighted the significance of employee unions in safeguarding the rights and interests of IT employees.
Statement and recap
Following is the statement from NITES President Harpreet Singh Saluja.
“Nascent Information Technology Employees Senate (NITES) applauds the victorious outcome & significant milestone in the fight for justice as the Hon’ble J.M.F.C Court No. 5, Pune, issues a groundbreaking order in favor of Mr. Rajneesh Kumar Sharma, an aggrieved IT employee.
This court order marks a resounding victory for employee rights and sets a strong precedent for fair treatment and lawful conduct in the IT industry.
NITES on behalf of Mr. Rajneesh Kumar Sharma, a former employee of Exusia India Private Limited, had filed a complaint against the company for various irregularities, including the non-deposit of Employee Provident Fund contributions and tax deductions, unjustified termination, and non-payment of salary and gratuity dues to Labour Commissioner office, Police Station Yerwada, Police Commissioner Office Pune, Asst. Commissioner of Police as well as Deputy Commissioner of Police.
The company representatives didn’t appear in front of Labour Department.
The Police officials also denied filing FIR against the company. Hence the aggrieved employee with NITES support reached the court for justice.
In the present case of Mr. Rajneesh Kumar Sharma versus Exusia India Private Limited, Trevor Silver – President & Chief Executive Officer, and Harpreet Mehta – Partner & Chief Operating Officer, the court has issued an order under Section 156(3) of the Code of Criminal Procedure, directing the Yerwada Police Station to initiate an investigation into the alleged offenses committed by the accused, punishable under Sections 406, 417, and 418 of the Indian Penal Code (IPC).
NITES played a pivotal role in supporting Mr. Sharma throughout the legal proceedings, advocating for his rights and ensuring that justice was served.
The court’s order, recognizing the merit of Mr. Sharma’s complaint and acknowledging the severity of the alleged offenses, highlights the need for employers to adhere to statutory obligations and treat employees with fairness and respect.
This landmark decision emphasizes the importance of accountability and sends a clear message that unethical practices and exploitation of employees will not be tolerated.
We are elated by the outcome of this case, which is a testament to the perseverance and dedication of Mr. Rajneesh Kumar Sharma, as well as the unwavering support of NITES.
This victory showcases the significance of employee unions in safeguarding the rights and interests of IT employees.
We urge all employees to be aware of their rights, stand up against injustice, and seek the necessary legal recourse when faced with unlawful practices.
NITES remains committed to advocating for fair treatment, ensuring the well-being of IT employees, and fostering a conducive work environment within the IT industry.
The organization will continue its efforts to protect the rights of employees and address any grievances they may face.”
