Pune: IT Employee’s Complaint Leads to Criminal Investigation Against Company
Pune, 29th June 2023: In a landmark decision, the Judicial Magistrate (First Class) Court No. 5, Pune, has issued a groundbreaking order in favor of Rajneesh Kumar Sharma, an aggrieved IT employee, marking a significant milestone in the fight for justice. The Nascent Information Technology Employees Senate (NITES), an organisation for IT employees, has welcomed this victorious outcome, which sets a strong precedent for fair treatment and lawful conduct in the IT industry.
Sharma, a former employee of Exusia India Private Limited, filed a complaint against the company with the support of NITES, alleging various irregularities. These included the non-deposit of Employee Provident Fund contributions and tax deductions, unjustified termination, and non-payment of salary and gratuity dues. Despite reaching out to the Labour Commissioner’s office, Yerwada Police Station, Police Commissioner Office Pune, Assistant Commissioner of Police, and Deputy Commissioner of Police, the company representatives failed to address the complaint, and the police officials denied filing an FIR against the company. As a result, Sharma sought justice through the courts with the support of NITES.
In the case of Sharma versus Exusia India Private Limited, the court has issued an order under Section 156(3) of the Code of Criminal Procedure. This order directs the Yerwada Police Station to initiate an investigation into the alleged offences committed by the accused, which are punishable under Sections 406 (criminal breach of trust), 417 (cheating), and 418 (cheating with the knowledge that wrongful loss may ensue to person whose interest offender is bound to protect) of the Indian Penal Code (IPC).
NITES played a pivotal role in supporting Sharma throughout the legal proceedings, advocating for his rights and ensuring that justice was served. The court’s order, recognizing the validity of Sharma’s complaint and acknowledging the severity of the alleged offences, emphasizes the need for employers to fulfill their statutory obligations and treat employees with fairness and respect.
Expressing their elation at the outcome of the case, NITES emphasized the perseverance and dedication of Sharma, as well as the unwavering support of the organization. “This victory highlights the significance of employee unions in safeguarding the rights and interests of IT employees. NITES urges all employees to be aware of their rights, stand up against injustice, and seek legal recourse when faced with unlawful practices. This groundbreaking decision underscores the importance of accountability and sends a clear message that unethical practices and the exploitation of employees will not be tolerated.”, said Harpreet Singh Saluja, president of NITES.
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