Guest Post: Appellate Authority imposed penalty of Rs.30 Lacs in sexual harassment case!
Brief of the Case
The complainant, a former employee of I P Infusion Software India Private Limited in Mahadevapura, had said that she was sexually harassed by Mr. X, Senior Manager (HR), while she was in service. The Complainant complained that X had commented on the colour of her nail polish and tried touching her fingers inappropriately. Once, referring to a job applicant, X had allegedly said the person was interested in joining the company because he had seen the complainant and got attracted to her.
ICC INVESTIGATION & ACTION
The aggrieved woman had filed a petition before the company’s Internal Complaints Committee, which dismissed her petition on July 23, 2015. The complainant was drawing a monthly salary of Rs 30,000 when she was relieved of her duties in 2015.
APPEAL BY COMPLAINANT
On October 16, 2016, the Complainant made an appeal to the Appellate Authority against the order of ICC for quashing her petition.
INVESTIGATION BY APPELLATE AUTHORITY & ORDER
The Authority had investigated the case and on 27th December 2016, Post the trial of the case, Mr.T Srinivas, Additional Labour Commissioner has passed the following order
1) to deduct Rs 50,000 from X’s salary every month for 60 months, and pay the same to the complainant. Total compensation awarded is Rs.30 Lacs. In case X leaves the company, then the amount should be deducted from the money payable by the company to him and the same should be paid to her. And if the company fails to do so, then it has to pay the amount to the petitioner on its own.
2) to hold back X’s annual salary increment and other monetary benefits & Promotion for three years from January 1, 2017
3) Holding the company guilty of creating an atmosphere conducive for sexual harassment, the appellate authority ruled that under the provision of POSH Act 2013, the company management has to pay her Rs 4,80,000 towards her monthly salary between Sept. 2015 and Dec. 2016.