Since this judgment is exhaustive – in terms of disclosing the negative approach of the employer, the frustration built into the employee, outcome of complaint and the pro-active approach taken by the HC.
In brief, lady joined as Senior Manager Marketing in July 2015, discharged duties correctly – even as per appraisal report. Medical Supdt. targeted her & probation was extended. Her email dated 18 March 2016 to top management pertaining to harassment at work was ignored, and the outcome was termination of her employment in April 2016. In the meantime, she preferred to address her complaint to the Directorate of Women Empowerment, State of Madhya Pradesh. Accordingly, it was referred to the Local Committee who issued notices to the hospital to respond. There was non – cooperation from the hospital and the Local Committee deputed a person to verify the existence of an Internal Committee at the hospital. The Local Committee concluded that there was in reality, no IC at the hospital (even though the hospital claimed it was notified), in spite of three opportunities the Medical Suptd. did not appear.
To cut the long history short, and as the conciliation suggested by the HC failed as the hospital wa uncooperative, the following orders was passed:
- Based on facts, even though it was not mentioned in the complaint that it was a case of sexual harassment, HC concluded on the facts that it is coverable under the POSH Act of 2013.
- Criminal proceedings to be dropped.
- The dismissed Senior Manager entitled to Rs. 25 lakhs compensation – mental stress, salary of 18 months etc.
- Entitled to EPF and other monetary dues – if not paid.
- She is to be issued a character and experience certificate without attaching any stigma.
- The Hospital fined Rs. Fifty thousand for not having constituted an ICC.
Download the judgment – which was already reported here: Indore HC - Mrs Arvinder Bagga (33 downloads)