Shared auto not a workplace, rules Bombay HC in SBI harassment case
The Bombay High Court has ruled that a shared auto-rickshaw used by an employee to commute does not qualify as a 'workplace' under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 unless the employer provides the transport. The decision came in a case involving a State Bank of India employee who was accused of sexual harassment during such a commute.
On June 22, a Division Bench of Justices Firdosh P. Pooniwalla and Suman Shyam set aside the findings of an Internal Complaints Committee that had held the SBI employee guilty. The court stated that the ICC lacked jurisdiction because the alleged incident did not occur at a 'workplace' as defined under Section 2(o) of the PoSH Act.
The petitioner, an SBI employee, was travelling to his office in a shared auto-rickshaw on March 24, 2023. Another passenger, Respondent 3, accused him of intentional physical contact. The petitioner argued that any contact resulted from overcrowding. An altercation followed, during which Respondent 3 used pepper spray on the petitioner and called the police. The police registered an FIR under Section 354-A of the Indian Penal Code. Respondent 3 also filed a complaint under the PoSH Act with the ICC, which found the petitioner guilty and recommended disciplinary action.
The High Court examined whether the incident fell under the definition of 'workplace' in Section 2(o)(v) of the PoSH Act. It noted that neither the petitioner's employer nor Respondent 3's employer provided the transport. Therefore, the shared auto-rickshaw did not meet the legal definition. The court declared the ICC order unsustainable and set it aside.
However, the Bench clarified that it had not ruled on whether the petitioner sexually harassed Respondent 3. That matter remains open for adjudication in appropriate proceedings. The court emphasised that the ICC must first verify if an incident occurred at a 'workplace' before assuming jurisdiction.
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📰 Source: The Hindu National