Judgment

Dr. Anand, CJI. - Special leave granted.

2. Does an action of the superior against a female employee which is against moral sanctions and does not withstand test of decency and modesty not amount to sexual harassment? Is physical contact with the female employee an essential ingredient of such a charge? Does the allegation that the superior ‘tried to molest’ a female employee at the “place of work”, not constitute an act unbecoming of good conduct and behaviour expected from the superior? These are some of the ques­tions besides the nature of approach expected from the law courts to cases involving sexual harassment which come to the forefront and require our consideration.

3. Reference to the facts giving rise to the filing of the present Appeal by Special Leave at this stage is appropriate :

The respondent was working as a Private Secretary to the Chairman of the Apparel Export Promotion Council, the appellant herein. It was alleged that on 12.8.1988, he tried to molest a woman employee of the Council, Miss X (name withheld by us) who was at the relevant time working as a Clerk-cum-Typist. She was not competent or trained to take dictations. The respondent, however, insisted