Wrongful termination on sexual harassment

Delhi High Court passes interim order – Company to pay amount to complainant for alleged wrongful termination after sexual harassment complaint

Recently, in an interim order dated 10th February, 2020, the Delhi High Court in the case of Ms. Fauzia Rubbani v/s Delhi Woman Commission and Ors. directed the employer to pay a lumpsum amount of INR 1,20,000 to the Petitioner in lieu of the allegations raised by her that she was terminated from the Company after raising complaints of sexual harassment. The amount was directed to be paid subject to further orders of the Court.

FACTS: Ms. Fauzia Rubbani (“Petitioner”) filed the Writ Petition wherein she raised the grievance that she had been wrongly terminated and her complaints of sexual harassment had also not been dealt with in accordance with law. The Petitioner submitted that though an Internal Committee (“IC”) was constituted by the Company, no proper inquiry had been conducted and there was no progress in the matter. It is also the grievance of the Petitioner that all the dues have not been paid to her.

The Petitioner submitted that a letter was written by the Delhi Commission for Women (“DCW”) to the Company. In response, it informed DCW that they would be constituting an IC and submitting a final report within 30 days. However, it was submitted on behalf of DCW that they had not received any final report from the Company.

HELD: Court ordered a lump sum amount of INR 1,20,000 to be paid by the Company in lieu of her dues of INR 92,000 as well as for the alleged termination. The order was passed subject to further orders of the court and without prejudice to rights of the parties. The matter is currently listed for further hearing on 18th May 2020.

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