Irrespective Of The Intent, Unwelcome Behaviour At Workplace Shall Be Considered As Sexual Harassment:- Madras HC

While deciding a recent case of HCL Technologies Ltd. vs. N.Parsarathy, related to sexual harassment at work place, the Madras High Court observed that any such behaviour which is inappropriate and has an adverse effect on women shall be qualified as “sexual harassment” as provided under the  Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ( the PoSH Act). The Court further stressed that decency is measured by how the actions of a person impacts the other gender and not what such persons perceives to be appropriate. 

Facts of the Case-

• In 2017, a complaint was filed against N. Parsarathy, a Service Delivery Manager at the HCL Technologies, where he was charged with multiple sexual harassment allegations. The claims included that Parsarathy made unwelcome physical contact, used to ask inappropriate personal questions, thereby creating a hostile work environment for the female employees.
• An Internal Complaints Committee was formed under the PoSH Act, which found Parsarathy guilty of misconduct. 
• A series of disciplinary measures were recommended by the ICC, which included removing Parsarathy from supervisory responsibilities, having his role confined to India only as well as denying him pay raises or any benefit for two years. These recommendations were made with an objective to ensure safety and dignity of female employees at the company.
•  The decision of the ICC was however, challenged by Parsarathy in the Labour Court, on the basis that there was lack of due process as well as procedural violations on part of ICC. He also argued that the evidence of the CCTV footage was not disclosed and that no cross-examination opportunities were provided during the inquiry procedure which was not fair to him. His plea was accepted by the Labour Court, which set aside the decision of the ICC, in December 2019, based on the principles of natural justice. 
• Challenging the decision of the Labour Court, the HCL Technologies moved the High Court, where they asserted that the inquiry conducted by the ICC was fair and that its decision was within its statutory mandate and conducted a fair inquiry. 

Decision of the High Court-

• After reviewing the procedure of the ICC, the Madras High Court it to be in compliance with the PoSH Act. the High Court observed that ICC had balanced the rights of the respondent, while ensuring a fair hearing and protecting the rights of the complainant providing a non-intimidating environment during the inquiry.
• The order passed by the Principal Labour Court on the allegations of workplace sexual harassment was quashed by the High Court, where the Labour Court has invalidated the findings of the ICC. The High Court upholding the decision of the ICC emphasised on the the importance of a fair but context-sensitive process of inquiry process in similar  cases.
• Criticising the approach of the Labour Court, the High Court observed that it  failed to appreciate the nuances of such cases involving workplace harassment. The High Court commented that in these type of cases, the perception of the victim holds is more significant than that of the intent of the accused.
• Explaining the role of ICC, the High Court mentioned that it is similar to a  quasi-judicial authority and that the committee's findings can be challenged only in cases with instances of procedural lapses or in case of  injustice. 
• The bench of Justice R.N. Manjula highlighted that decency is not something which is determined by what an individual perceives to be appropriate but by how their actions impact the other gender. 
• Finally allowing the appeal, the High Court quashed the order passed by the  Labour Court.

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