mrunaline kalla (self) 08 July 2015

Sexual harassment and workplace descirimination

Brieft about the case:

Filed Sexual harassment complait at the Parent company, as her working employer does not have the policy n ICC. Parent company conducted an internal inquiry without the presence of NGO and given a biased report and denied the request of re inquiry. we have filed cases at police station u/s 354, 506. they have got anticipatory bail and threatened her to withdraw the cases. we have filed an other case u/s 506 and got cancelled the bail order they have taken stay from high court and now we are filing stay vacation. the accused are supported by the company and threated her to withdraw the cases. since, she has refused they have verbally informed her that her services are terminated by giving 3 months basic and sent a mail to her saying that she has refused to take the letter and ask her to collect it from office. she has sent mails for sending the letter but they have intentionally written wrongaddress and ensured to get the letter returned back to them. Her office entry is restricted since Mar 6, 2015, in spite of her sending emails to them to send the original letter, till date they dint do. The information is given to police. Now please guide us how do we take up this type of case.......

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5 Replies

Anagha Sarpotdar 08 July 2015

Please challenge the Internal Complaints Committee in the court.

Kumar Doab (FIN) 08 July 2015

Your previous queries have been discussed in detail in thread and PM.

Admire your guts and resolve.

Contest the termination too.

Consult an able Labor Law Consultant/Service Matters Lawyer/Law firm.

mrunaline kalla (self) 10 July 2015

Thank you sir. Can you pelase give us any citations for getting stay against the illegal n wrongful termination when the cases are at the judiciary still.

Kumar Doab (FIN) 10 July 2015

Your lawyer(s) that have examined all case docs can suggest and quote the suitable citations at appropriate time.

shivangi (legal trainee) 10 July 2015

Hi. Firstly, the complaint you have filed with the police should be filed under Section 354A of IPC now (this is the new section which crminalized 's*xual harassment' and was inserted by the new criminal amendment post nirbhaya incident) and you need not file the matter under 354/506 which are more broad and deal with outraging the modesty of women.

Also, the police complaint will only help you get the harasser punished. It will not help you get the employer of the company punished. for that, you should file a writ petition in the high court stating that the due process of law and principles of natural justice was not followed. naturally in the absence of an independent member ICC's report cannot be considered to be just and fair.

Further, you should tell the lady to keep all her emails and any other documents safely. as she may require them to show as evidence that she had been working properly, finishing all her assignments properly, that she tried to solve things through internal inquiry etc. because there are chances that in such a situation the employer may argue that her job was terminated because she was inefficient.

My suggestions are based only on the information you have provided above. You may have to take decision based on the exact facts of the case. If you need any more help you can check the book, Handbook on the law of Sexual Harassment at workplace by Shivangi Prasad and Attreyi Mukherjee.