MANAGING DIRECTOR Vs. SURESH BABU

JUDGEMENT

(1.) The petitioners are the Managing Director and Managers of HDFC Standard Life Insurance Company Limited (hereinafter referred to as the 'Company', for short). The 1st respondent was an employee of the Company, viz., Assistant Sales Manager. The 2nd respondent, the Regional Joint Labour Commissioner, is the appellate authority notified under Sec. 2(a) of the Industrial Employment (Standing Orders) Act (for brevity, 'Standing Orders') read with Sec. 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the 'Act ', for short) and Rule 11 of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Rules, 2013 ('the Rules', for short), whose order is impugned in this writ petition.

(2.) According to the petitioners, six employees of the Company submitted a complaint before the Manager -HR by mail from their official mail i.d regarding offences committed by the 1st respondent punishable under the Act. They also submitted a written complaint which was forwarded to the Internal Complaints Committee ( 'ICC ', for short) constituted under the Act. The ICC had personal discussions with the complainants who gave their written statements. The 1st respondent was also heard by the ICC and he submitted a written statement. An Inquiry Report was submitted by the ICC finding that the 1st respondent had passed sexually coloured remarks, unwelcome verbal conduct of sexual nature and thereby committed an act of Sexual Harassment under the provisions of the Act. The ICC recommended termination of the 1st respondent from the service of the Company. The recommendation of the ICC was made over to the employer as required under the Act. Based on the recommendations of the ICC, the Company terminated the service of the 1st respondent.

(3.) The 1st respondent filed Ext.P1 appeal before the 2nd respondent and the said authority, by Ext. P5 order, set aside the report of the ICC and remanded the complaint to the ICC for detailed enquiry as per the provisions of the Act and the Standing Orders. Ext.P5 is impugned in this writ petition. The relevant portion of Ext. P5 is extracted below:-