Pune: IT Employee’s Complaint Leads to Criminal Investigation Against Company
Contents News/Article Date:29th June 2023
Relating to which Act: The Indian Constitution grants the Central and state governments the powers to enact laws to protect the employees and foster a professional work environment. Based on the industry, nature of the work, number of employees in the company, location, and more, there are various legislations like the Industrial Disputes Act 1947 (ID Act), Factories Act 1948 (Factories Act), and Shops and Establishment Acts in relevant states (S&E Act).
Applicable to which State: Labour Law Acts and Rules and Judgements as are applicable to all States
Type: Punekar News
Pertains to: Establishments and Employees in all types of Organizations running businesses for profit or non-profit
Relevance of this news: Karma Management Global Consulting Solutions Pvt. Ltd. one of the top 5 labour law consulting firms in the country, has recently hit upon yet another significant milestone in the journey of tying up SUNDEEP PURI ASSOCIATES AND ADVOCATE, where both these Firms have formally joined hands together to collaborate and create a bigger alliance by scaling up its business on Pan India basis and Internationally to give greater reach of its services together, to its hundreds of clients all over.
Sundeep Puri & Associates (SD Puri& Co.) with 55+ years of existence and helmed by Adv. Sundeep Puri & Adv. Ravi Paranjpe is one of the largest retainer firms in India specializing in “Employment Laws” advising the Corporate Sector. The Firm boasts of some clients being associated since the last 55+ years and the majority for the last 30-40 years. They have extensive experience in counselling Foreign MNCs and Indian MNC Clients having multi-locational Factories &/or Offices Pan-India on a daily basis on a wide range of “Employment & Labour” issues, keeping in view the cultural diversity of the workforce such as Acquisitions, Mergers, Consolidations, Reductions in the workforce, Maintaining union-free environment by not undermining the principles of collective bargaining & also preserving operational flexibility in unionized settings, providing tailor-made models for conflict-free productivity that is conducive Industrial Environment, as also in respect to the applicability of the various labour laws. They believe in Solution oriented Practical Advice backed by Law.
On the other hand, Karma Management Global Consulting Solutions Pvt. Ltd. since 2004 is backed by 25 years of prior experience since 1979, operating on Pan India basis and Internationally in the Americas and EMEA, helmed by Pratik Vaidya, is a leading giant in payroll management, compliance and governance, human resource services, professional employment staffing and onboarding, recruitment and talent acquisition, advisory and consultations thereby offering a plethora of services with quick turn-around solutions including in-house flagship AI/ML based tech solutions so as to help organizations of different types and stature to perform better in Human Resource ensuring Risk Management, Compliance and Governance across Environmental, Social and Corporate laws and grow bigger
And in this instance
Pune, 29th June 2023: In a landmark decision, the Judicial Magistrate (First Class) Court No. 5, Pune, has issued a ground-breaking order in favour 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 organization for IT employees, has welcomed this victorious outcome, which sets a strong precedent for fair treatment and lawful conduct in the IT industry.
Subject: Pune: IT Employee’s Complaint Leads to Criminal Investigation Against Company
Appended is the complete news item
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 ground-breaking order in favour 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 organization 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 offenses 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 fulfil 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 ground-breaking 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.