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LABOUR COURT FAULTS IN A SEXUAL HARASSMENT CASE ACCORDING TO THE HIGH COURT OF MADRAS
LABOUR COURT FAULTS IN A SEXUAL HARASSMENT CASE ACCORDING TO HIGH COURT OF MADRAS
A reinstatement order on a employee of a private company, who was accused by a co-worker for sexual harassment , that such reinstatement order would communicate wrong message to the people and the society as abserved by the High Court of Madras. According to Justice S M Subramanium " All the allegations made in the cases of sexual offecens are viewed as serious matters before the courts , and suitable actions are taken against the persons who initiated them both under Criminal law and also under Sexual Harrassment Act , who are responsible for such misconduct".
The fact being the judge said that he no hesitation regarding the matter dealt by the labour court and the conclusion of the case legally unjustifiable , that was "awarded by the labour court on 17 September , 2019 would be quashed and the writ petition stands allowed" later added by the judge. The issue presented before the High Court in form of an appeal by a private comapny situated in Poonamallee , hence challenging the order given by the labour court that is reinstatement of the accused in the sexual harrasment case , the labour court gave the order stating that the complaint by the victim was withdrawn during the procedure of inquiry.Justice Subramanium siad " Any Violation against women or any kind of Sexula Harrasment is the worst form of the violation of Human Rights and if its continues in the society there is scope of development , equality and Peace these kinds of violations has no boundaries , culture or wealth."
According to the Sexual harassment od Women at Workplace( Prevebtion, Prohibition and Redressal) Act, 2013 the employeer sholud ensure a emvironment for the women workers employeed so that they can work in peace without any fear and for the society as well because if this kind of viloation is committed it is not against one women it wholly disturbs the socity's peace at large. The misconduct against the women employee is prented before the officer incharge of enquiry beyong doubt and hence cannot be dealt with leniency , and all the violations and misconducts relating to women shuold be viewed seriously and the accused should be awarded suitable punishment also keeping in mind that this should not happen in future. The order passed by the labour xourt is clearly wrong presentation of message towrds the society.
