A complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was filed by Ms. Shanti against Om, who was working as the General Manager of the Company in Mumbai. The com
CS Professional · Labour Laws and Practice · PYQS · June 2025
A complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was filed by Ms. Shanti against Om, who was working as the General Manager of the Company in Mumbai. The complaint was referred to the Internal Complaint Committee (ICC), constituted by the Company. The ICC, upon analysing the complaint, came to the conclusion that the relationship between Shanti and Om were based on personal grounds with mutual consent and that the allegations of sexual, emotional and mental harassment were not substantiated by Shanti. Accordingly, the complaint against Om was rejected by the ICC. However, the ICC observed that the behaviour of the parties had been inappropriate and unbecoming of Officers/Employees of the Company and accordingly recommended the Competent Authority to take suitable action against the Parties, as deemed fit. Based on the report from ICC and certain other facts which the Company had ascertained out of the various communications between Om and Shanti, a charge- sheet was served upon Shanti, under Employees' (Discipline & Appeal) Regulations of the Company. Aggrieved by the Charge Sheet, Shanti preferred a petition: 'Moral Policing' is not the job of the Management or of the Internal Complaint Committee. Discuss with the help of any case law.
Answer & Explanation:
In the case Bibha Pandey vs Punjab National Bank & Ors on 16th December, 2020 , it was held that "Moral Policing" is not the job of the Management or of the ICC. Any consensual relationship among adults would not be the concern of the Management or of the ICC, so long as the said relationship does not affect the working and the discipline of the organisation and is not contrary to the Rules or code of conduct binding on the said employees. It is only if a complaint is made of sexual harassment under the Act that the Management can constitute the ICC to enquire into the same. The ICC cannot make comments on the personal conduct of the parties and the ICC's jurisdiction would be restricted to the allegations of sexual harassment and whether a complaint is made out or not, to that effect. The recommendation of the ICC, which comments on the conduct of the parties and recommends to the competent authority to take action against Shanti for their inappropriate disciplinary conduct is not tenable.
Topics: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
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