HC faults labour court in sexual harassment case
TIMES NEWS NETWORK
Chennai:07.09.2019
Pulling up a labour court here for ordering the reinstatement of an employee of a citybased private company who was accused of sexual harassment by a subordinate, the Madras high court has observed that such award would communicate a wrong message to society at large.
“All such allegations of sexual harassment in the present-day circumstances are to be viewed seriously and all suitable actions both under the criminal law as well as under the Sexual Harassment Act are to be initiated against persons, who are involved in such offences or misconducts,” Justice S M Subramaniam said.
This being the factum, the judge said he had no hesitation in coming to the conclusion that the award of the labour court is infirm and legally unsustainable. “Consequently, the award dated September 15, 2017, is quashed and the writ petition stands allowed,” the judge added.
The issue pertains to an appeal moved by a private company in Poonamallee challenging the order of the labour court directing reinstatement of the accused in the sexual harassment complaint, D Kannan, with full benefits from the date of his termination. The labour court passed the order solely on the ground that the complainant had withdrawn her complaint in the middle of an inquiry.
Censoring the labour court judge for the award, Justice Subramaniam said, “Violence against women is perhaps most shameful human rights violation and it is perhaps the most pervasive. It knows no boundaries of geography, culture or wealth. As long as it continues, we cannot claim to be making real progress towards equality, development and peace.”
TIMES NEWS NETWORK
Chennai:07.09.2019
Pulling up a labour court here for ordering the reinstatement of an employee of a citybased private company who was accused of sexual harassment by a subordinate, the Madras high court has observed that such award would communicate a wrong message to society at large.
“All such allegations of sexual harassment in the present-day circumstances are to be viewed seriously and all suitable actions both under the criminal law as well as under the Sexual Harassment Act are to be initiated against persons, who are involved in such offences or misconducts,” Justice S M Subramaniam said.
This being the factum, the judge said he had no hesitation in coming to the conclusion that the award of the labour court is infirm and legally unsustainable. “Consequently, the award dated September 15, 2017, is quashed and the writ petition stands allowed,” the judge added.
The issue pertains to an appeal moved by a private company in Poonamallee challenging the order of the labour court directing reinstatement of the accused in the sexual harassment complaint, D Kannan, with full benefits from the date of his termination. The labour court passed the order solely on the ground that the complainant had withdrawn her complaint in the middle of an inquiry.
Censoring the labour court judge for the award, Justice Subramaniam said, “Violence against women is perhaps most shameful human rights violation and it is perhaps the most pervasive. It knows no boundaries of geography, culture or wealth. As long as it continues, we cannot claim to be making real progress towards equality, development and peace.”
No comments:
Post a Comment