PoSH Case Law 1 ICC Recommendations

Gaurav Jain vs Hindustan Latex Family Planning ... on 7 January, 2015

this stage itself I must note that when the report is read as a whole, it becomes clear that trips to Hyderabad were planned by the petitioner in which female staff used to be taken alongwith him and many of such female staff had appeared harried and worried on returning back from the Hyderabad trips. It has also come on record that only and only the petitioner had complete liberty and discretion to decide as to who will go to the outstation trip at Hyderabad, with whom, how and when. The detailed report shows that it was a game plan and the usual modus operandi of the petitioner. Once two views of the situation are possible, and the conclusions of the ICC cannot be said to be perverse, this court cannot interfere with the findings and conclusions of the ICC. Also, it is again important to note that even for the sake of argument if we take away the aspect with respect to first issue/charge, there are four other charges which are duly proved against the petitioner by means of evidence led before the ICC, and which proved charges were sufficient in themselves to give findings of sexual harassment against the petitioner and the consequent recommendation of termination of his services. This argument urged on behalf of the petitioner is also therefore rejected. 9. The last argument which is urged on behalf of the petitioner is that of the complaint lacking merits, having been made after two months and in around the period when the contract of the complainant was to expire with the respondent no.1/employer. This aspect at the first blush required deeper consideration, and therefore, I have gone through the impugned ICC report dated 17.11.2014 in detail. I have clearly reproduced above the reasons given by ICC for rejecting the arguments with respect to the complaint not having merits because it was made after about two months and in around the period when the contract of the complainant was to expire and which portion is the fourth sub-para of the findings of ICC qua issue no.1 and which is sufficient to reject this argument. It also needs to be noted that ICC has held that petitioner being the only male member in the senior position, and the female employees being in the junior position, it was difficult for the female employees to stand up to the petitioner. Also, statements were recorded of the witnesses namely Ms. Latha Kumari, Mr. Nitin Kumar Sharma, Mr. Purujit Praharaj, Mr. Sudarshan Negi and Mr. Bhupendra Pratap Singh which showed that the trend with respect to other women staff was similar to the game plan adopted with respect to the complainant of taking them to outstation trips and the female staff looking distressed and tensed after coming back from the outstation visits. Also, the ICC notes that merely because a complaint is delayed does not mean that on merits the complaint should not be examined because it is the first time when a victim had found courage to raise her voice against the petitioner with respect to sexual harassment and complainant required lot of courage to do so because not only she was young and unmarried but that she had lost her father and was staying with her working mother and a younger sister ie without support of a male member in her family. ICC also notes that complainant was a female member and it is only after much courage that she was able to raise her voice against the petitioner. ICC rightly in my opinion also notes that there is no reason why the complainant would want to adversely affect her reputation at her young age by making such a complaint. Various other aspects are also noted in the report and since as already stated above, ICC has done a very thorough job, let me reproduce the language of the other portion of the report in this regard instead of adding my own words and which relevant portion of the report reads as under:-

Indian Kanoon - http://indiankanoon.org/doc/51542087/

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