The court ordered the fine be deposited while dismissing a plea filed by an ex-employee alleging that she was being harassed at workplace by her senior colleagues, who sought sexual favours from her.
In a significant order, the Bombay High Court has asked telecom company Vodafone-Essar Limited, which is now Vodafone, to deposit an amount of Rs 50,000 with the War Widow's Association, New Delhi, for its failure to constitute a Complaints Committee as per Vishakha guidelines to look into a complaint of sexual harassment at workplace in the year 2000, when a former employee raised the issue.
A division bench of Justice Amjad Sayyed and Justice MS Karnik said, "Though we are not inclined to direct payment of compensation to the petitioner (ex-employee) by the Respondent No.1 (Vodafone-Essar Limited), we do note that company had not followed the guidelines laid down by the Supreme Court in Vishakha as there was no Complaints Committee constituted, at the relevant time."
The court ordered the amount to be paid primarily relying on amended section 26 (1) (a) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013, which deals with penalty for non-compliance with provisions of Act and if the employer fails to institute an internal committee.
The court ordered the fine be deposited while dismissing a plea filed by an ex-employee alleging that she was being harassed at workplace by her senior colleagues, who sought sexual favours from her. On her refusal, they terminated her from service. She sought compensation of Rs 1 crore from the company for failing to form a Complaints Committee.
The company and the alleged accused employees opposed the petition, claiming that the allegations were false and an afterthought to take revenge for terminating her from the services. Further, it was claimed that chances were given to her for improving her performances and after discussions; it was held her performance was below average, thus she was removed.
After going through the records and the statement made by the woman that she did not want to appear before any newly formed committee because she is settled abroad, the court noted, "It is an admitted position that at the relevant time there was no Complaints Committee constituted by the company despite the law laid down by the Supreme Court in Vishaka."
Further, directing the amount to be deposited within six weeks, from October 13, the court said, "Even assuming that there was no complaint of the petitioner on record of the company, during the course of her employment, we find that nothing prevented the company from inquiring into her grievance even after her termination. However, there was no Complaints Committee in place to inquire into the sexual harassment complaint made by the petitioner.
No complaints committee? pay fine
- The court ordered the fine be deposited while dismissing a plea filed by an ex-employee.
- She alleged that she was being harassed by her senior colleagues, who sought sexual favours.
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