In the Sikkim case, the complaint was pertaining to an incident at a wedding reception in a hotel, after duty hours and outside University premises. The question was whether it is a “workplace” within the meaning of the Act. HC stated that the complainant also mentioned earlier incidents which have occurred within the University and other female colleagues of the complainant have also highlighted their personal experiences against the accused. The HC stated that they will not dwell on this definition as the statutory appeal filed by the accused is pending before the Executive Authority of the University and ” Any expression of opinion by this court on issues which have been or may be canvassed before the Executive Authority may prejudice the parties.” Hence, the court only held that dismissal of the petitioner when statutory appeal is pending is bad in law. Court has disposed of the case accordingly to answer all other points.
Download the Judgement copy here: Sikkim HC - Sikkim University and others (26 downloads)