Supreme Court Ruling On Appellate Authority Imposes Rs. 30 Lakh Penalty In Sexual Harassment Case
Judgement Given On :
Background
The case centers around a former employee of I P Infusion Software India Private Limited in Mahadevapura. She alleged that Mr. X, Senior Manager (HR), subjected her to sexual harassment during her tenure with the company. The complainant’s allegations encompassed inappropriate comments about her nail polish, unwarranted and intrusive attempts at physical contact, and disturbingly, derogatory remarks insinuating that a job applicant’s interest in the company was tied to the complainant’s appearance.
Internal Complaints Committee (ICC) Investigation and Action
In her pursuit of justice, the aggrieved employee filed a petition with the company’s Internal Complaints Committee (ICC). However, her initial attempt to seek redress encountered a setback when the ICC dismissed her petition on July 23, 2015. At the time of her departure from the company in 2015, she was earning a monthly salary of Rs. 30,000.
Complainant’s Appeal
Undeterred by the ICC’s decision, the complainant took the crucial step of appealing to the Appellate Authority on October 16, 2016. Her appeal aimed to challenge the ICC’s decision and secure justice for the harassment she had endured.
Investigation by the Appellate Authority and Verdict
The Appellate Authority conducted a meticulous investigation into the matter, determined to deliver an equitable outcome. On December 27, 2016, following a thorough trial, Mr. T Srinivas, Additional Labour Commissioner, rendered a historic verdict:
- Compensation for the Complainant:
- The Appellate Authority ordered the deduction of Rs. 50,000 from Mr. X’s salary every month for 60 months, amounting to a substantial compensation of Rs. 30 lakhs. Crucially, if Mr. X were to leave the company during this period, the deducted amount would be subtracted from his final payment by the company and paid to the complainant. Failure by the company to adhere to this directive would necessitate the direct payment of the amount to the petitioner.
- Penalties on Mr. X:
- Beyond monetary compensation, the Appellate Authority also imposed stringent penalties on Mr. X. His annual salary increment, along with other financial benefits and promotions, would be withheld for three years, commencing from January 1, 2017.
- Additional Compensation:
- Holding the company responsible for fostering an environment conducive to sexual harassment, the Appellate Authority invoked the provisions of the Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013. Consequently, the company management was directed to pay the complainant Rs. 4,80,000 to cover her monthly salary from September 2015 to December 2016, a period during which she was without employment.
A Triumph for Justice
This verdict stands as a resounding triumph for victims of sexual harassment and serves as a stark warning to perpetrators. It underscores the significance of internal complaints committees and underscores the right of every employee to work in an environment free from harassment. The penalties levied against Mr. X unequivocally convey that such reprehensible behavior will not go unpunished.
As this case garners attention, it acts as a compelling example of the legal system’s unwavering dedication to safeguarding the rights and dignity of employees, particularly women, in the workplace. Additionally, it highlights the pivotal role played by the Appellate Authority in ensuring that justice prevails. The complainant, who demonstrated exceptional courage in pursuing her case, stands as an emblem of resilience and determination, inspiring others to speak out against harassment, irrespective of the positions held by those responsible.