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Nv Phaneendra   14 October 2024

Request for assistance regarding employment and salary issues due to data breach

Dear Sir,

My name is Phaneendra, and I am employed as a DevOps Tech Lead. I am writing to bring to your attention a critical issue that my team and I have been facing.

On March 15th, 2024, due to a data breach incident, our entire DevOps team, consisting of three members, including myself, was suspended by our team manager and CEO. Since then, none of us have received our salaries from March onward, nor have we been provided with any communication regarding our employment status or the future of our roles within the company. Despite our efforts to reach out via calls, messages, emails, and even in-person visits to the office, we have not received any response from management.

The management team filed a complaint with the cyber police station under Sections 66(C), 66(D) of the IT Act, and Sections 419 and 420 of the IPC. To the best of my knowledge, they accused me of writing incorrect policies, which allegedly led to the data leak.

On September 25th, 2024, after nearly seven months of suspension, I received an email from HR stating that I was terminated as of March 15th, 2024. The reasons given were that I shared PEM files and wrote incorrect policies. I responded to the email, requesting evidence showing that I shared these files with hackers or that I received any benefit from such actions. However, I have yet to receive any response.

Additionally, in May 2024, my PF contribution for April was credited to my account, but I have not received my salary for that month.

I kindly request your assistance and guidance on how to proceed with this matter. Your intervention and advice would be greatly appreciated as I navigate this challenging situation.

Thank you for your attention to this urgent matter. I look forward to your prompt response.

Sincerely,
Phaneendra



Learning

 7 Replies

T. Kalaiselvan, Advocate (Advocate)     14 October 2024

You issue a legal notice to the company demanding the reason for terminating your service without inquiry and also for not paying the subsistence allowance for the suspended period if not the whole slary.

A subsistence allowance is a fixed percentage of an employee's basic income that is paid to them while they are suspended from work. 

If you do not get a proper reply then you can file a suit for reinstatement in the job and payment of arreras of salary or you can approach the labor forum for relief and remedy.

P. Venu (Advocate)     14 October 2024

Due process ought to have been followed before the termination of service. So also, a suspended employe is entitled to receive subsistence allowance.

Nv Phaneendra   15 October 2024

Hi @T. Kalaiselvan, @P.Venu, Thank you for your reply...

Yes, We have failed the case and send the legal notice to the compay. But they haven't replied to that. 


Attached File : 1047417 20241015115422 00081 n v phaneendra termination letter.pdf downloaded: 5 times

P. Venu (Advocate)     15 October 2024

If so, you need to approach the competent judicial remedy.

T. Kalaiselvan, Advocate (Advocate)     15 October 2024

If you have already filed the case before the court competent, then you may have to wait for the proceedings to begin, after which you can conduct the case on merits 

Nv Phaneendra   18 October 2024

Hi @T. Kalaiselvan, @P.Venu Sir's,

Attached my termination letter in the above conversation. Could you please check whether it's legal or illegal are not. 

Case was failed in the III Addl. Labour Court on October 4th. But we got the first hearing on Decumber 30, 2024. Will it take that long? Is it possible to getting to know hearing earlier? And in the connect organization if i consider till now i have completed 4 years and 6 months. Will i elgible for gratuity amount as well?

P. Venu (Advocate)     18 October 2024

Court cases are bound to take its own time. Perhaps, you may seek a stay and payment of subsistence allowance till final adjudication.

However, please ensure that the Labour Court has the jurisdiction. If a supervisory employee, the jurisdiction could be with the respective Civil Court.

In the given facts, you are not eligible for gratuity.


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