Pune, 30th June 2023: Exusia India Pvt Ltd., an IT services company, has been in the spotlight since January for its alleged involvement in illegal money transfers from India to its headquarters in Miami, Florida. The recent turn of events sees the court ordering the Yerwada Police Station to file a First Information Report (FIR) against Exusia India, following a complaint lodged by Nascent Information Technology Employees Senate (NITES). The complaint raised concerns over illegal money transfers and a provident fund scam, and the court’s decision marks a significant victory for employee rights.
Exusia India Pvt Ltd., an IT services firm with global headquarters in New York City and branches in Miami, London, Johannesburg, and Pune, has been facing allegations from Indian employees regarding a range of illegal activities. These allegations include visa exploitation, non-submission of Tax Deducted at Source (TDS) to the Income Tax Department, and misappropriation of employees’ provident funds.
NITES, an employee union based in Pune, took up the cause and filed a complaint with various authorities, including the Labor Commissioner’s office, Income Tax Department, Employees Provident Fund Organization (EPFO), and the Ministry of Labour and Employment, Government of Maharashtra. The complaint highlighted Exusia India’s violation of labor laws, such as non-payment of Full and Final Settlement (FnF) and statutory gratuity to numerous employees.
Rajneesh Kumar Sharma, an ex-Project Delivery Manager of Exusia India, also lodged a complaint against the company with the Labor Commissioner’s office, Yerwada Police Station, Pune Police Commissioner’s Office, and other relevant authorities. Despite these complaints, the company representatives failed to appear before the Labor Department, and the police initially declined to file an FIR against Exusia India. Faced with this lack of action, the aggrieved employee sought justice through legal means with the support of NITES.
The recent court order, issued under Section 156(3) of the Code of Criminal Procedure, directs the Yerwada Police Station to launch an investigation into the alleged offenses committed by Exusia India. The company is now facing potential punishment under Sections 406, 417, and 418 of the Indian Penal Code (IPC) for its actions.
NITES has hailed the court’s decision as groundbreaking and a resounding victory for employee rights. The organization stresses the importance of employee unions in safeguarding the rights and interests of IT employees and hopes this case sets a strong precedent for fair treatment and lawful conduct within the industry.
Harpreet Singh Saluja, President of NITES, expressed satisfaction with the outcome and highlighted the need for employers to fulfill their statutory obligations while treating employees fairly. The court’s recognition of the severity of the alleged offenses sends a clear message that unethical practices and employee exploitation will not be tolerated.
This landmark decision underscores the importance of accountability and serves as a testament to the perseverance and dedication of Rajneesh Kumar Sharma, supported by NITES. It reinforces the significance of employee unions in protecting the rights and interests of IT employees. NITES encourages all employees to be aware of their rights, stand up against injustice, and seek legal recourse when faced with unlawful practices.
Moving forward, NITES remains committed to advocating for fair treatment, ensuring the well-being of IT employees, and fostering a positive work environment within the industry. The organization will continue its efforts to address employee grievances and protect their rights in the pursuit of a fair and just IT industry.
