ARATI DURGARAM GAVANDI Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) The Petitioner was employed in a Company by the name of Usha Ispat Limited, initially as a commercial trainee in 1992. Upon being confirmed in service as a Junior Assistant, she was promoted from time to time and held the post of a Senior Supervisor. In 1993, the Company set up an Integrated Steel Plant at Satarda at a distance of about 24 kms. from the plant at Redi. The Petitioner was sent as a Supervisor and was subsequently promoted as a Senior Supervisor. The project at Satarda was not completed. Some of the employees were retrenched, while others were absorbed in the plant at Redi. A skeletal staff remained at the Satarda Plant, one of them being the Petitioner.

(2.) The grievance of the Petitioner is that she was subjected to sexual harassment by an officer, namely, the Third Respondent, who initially joined the Company as Deputy Manager (Personnel) and was promoted as Senior Manager and thereafter, as Deputy General Manager. The Petitioner has averred that upon the appointment of the Third Respondent as Deputy Manager (Personnel), the Petitioner was required to work in his Department. The Petitioner alleges that the officer started making lewd remarks and vulgar gestures towards her. The officer, it has been stated, was residing at the Guest House of the Company at Redi. The Petitioner has stated that she remonstrated but, being the only earning member in her family, she did not lodge a complaint fearing that she would lose her job. It has been alleged that in August 1997, while the Petitioner was alone in the office, the same officer called her in his cabin and attempted physical contact with her. The Petitioner alleges that in November 1997 she was transferred to Satarda and she was called by the officer to his cabin and she was informed that she was being transferred 'for not cooperating' with him. In September 2001, according to the Petitioner, the Plant at Satarda was closed and all the women employees, save and except the Petitioner, were transferred out. On 16th October 2003, the Petitioner submitted a written representation for transfer. According to the Petitioner, after the Plant was being closed down, even basic amenities are not available and there is no staff save and except for the security guards. Since May 2000, the Petitioner is allegedly the only woman employee posted at the Plant in the midst of 22 male security guards.

(3.) The Petitioner has alleged that the harassment which she has received at the hands of the Third Respondent did not cease and she received telephone calls at her residence at odd hours when the Third Respondent spoke to her in filthy and vulgar terms. It has been alleged that in December 2003, the then Senior Accounts Officer had conveyed to the Petitioner telephonically that the Third Respondent desired that she should either stay at Satarda or attend duties at the Guest House at Usha Nagar or submit her resignation. The Petitioner submitted a representation on 24th February 2004 to the District Collector, Sindhudurg and a representation dated 24th May 2004 to the Maharashtra Women's Commission. An FIR was lodged with the Vengurla Police Station on 27th July 2004. On 31st August 2004, a representation was lodged with the management. It has been alleged that on the night of 27th August 2004, the Third Respondent visited the house of the Petitioner and when the Petitioner answered the door, the Third Respondent, taking advantage of darkness pulled the Petitioner close to him and abused her for having lodged a complaint with the Police. On 8th October 2004, the Maharashtra State Commission for Women addressed a letter to the management directing that a Complaints Committee would have to be constituted for implementation of the directions issued by the Supreme Court in Vishaka vs. State of Rajasthan, AIR 1997 SC 3011 and that the complaint of the Petitioner would have to be investigated by the Committee. In the meantime, it has been stated that the Petitioner should be transferred back to the Redi Plant.