Facts of the case

The Complaint of sexual harassment arose out of allegations against the Petitioner which included a remark about female employee’s hair “you must be using JCB to manage your hair” and the Petitioner also sang a song related to her hair. In the second incident an inappropriate comment was passed by the Petitioner on male colleague’s private parts in a common forum where other female employees were present.

The Complainant raised a complaint to Internal Committee for the misconduct stating that she has faced sexual harassment. The Internal Committee held the Petitioner guilty for such misconduct. The Petitioner challenged the recommendations of the Internal Committee before the Industrial Court and the Industrial Court, Pune upheld the decision of the Internal Committee.

The Petitioner challenged judgment and order passed by Member Industrial Court, Pune dismissing appeal filed under provisions of Section 18 Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (POSH Act). The Petitioner had challenged the report passed by the Internal Complaints Committee of Respondent No. 2-Employer.

Observations of the Court

The Court observed that considering the nature of comment allegedly made by the Petitioner towards the complainant it becomes difficult to believe that the same was made with an intent of causing any sexual harassment to the complainant. The Complainant herself never perceived the comment as sexual harassment when the comment was made. The comment was made on 11 June 2022. However, the WhatsApp conversation between the Petitioner and the complainant post 11 June 2022 would indicate that the Petitioner was in fact motivating the complainant regarding performance of her work and the complainant had expressed gratitude towards the efforts of the Petitioner. Therefore, it becomes difficult to hold that the Petitioner has committed any act of sexual harassment.

While addressing the second incident, the Court pointed out that the Complainant was not even present when personal remarks were made against male colleague in front of female employees. Therefore, it becomes difficult to believe that the conduct described would cause any sexual harassment to the Complainant

Thus, it was pointed out that even if the allegations are taken to be proved, concrete inference of cause of sexual harassment to the complainant cannot be drawn.

Court’s decision

The Court held that the findings recorded by the Industrial Court are clearly perverse. The Industrial Court has failed to take into consideration the exact nature and gravity of allegations levelled against the Petitioner. It has completely ignored the fact that even if the allegations are taken as proved, no case of sexual harassment of the complainant was made out in the light of peculiar facts and circumstances of the present case.

Therefore, judgment and order dated 1 July 2024 passed by the Member Industrial Court, Pune  as well as the report of the IC dated 30 September 2022 were set aside by the Hon’ble Bombay High Court.

Credits: Adv. Deeksha Rai