Interpretation of 'workplace' under the Sexual Harassment Act and its application to determine entitlement to an interim order.

JUDGMENT :

Biswanath Somadder, J.

1. Let the affidavits of service filed in Court today be taken on record.

2. By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the injunction application.

3. The instant appeal arises out of an interim order dated 27th March, 2019, passed by a learned Single Judge in W. P. 4900 (W) of 2019 (Shubham Bhuwangiri Goswami vs. Union of India & Ors.).

4. By the impugned order, the learned Single Judge was pleased not to grant any further interim order upon taking note of the CCTV footage and also an earlier order dated 1st March, 2019, by which the writ petitioner was allowed to take the examination. The learned Single Judge took note of the fact that the concerned authorities were directed not to publish the result of the examination until further orders of the Court. The learned Single Judge has held that in the facts of the present case it would be appropriate to continue with such interim order till the disposal of the writ petition. Consequently, the learned Single Judge gave direction for filing of affidavits.

5. The appellant before us is the writ petitioner.

6. It is the specific submission of the learned advocate for the appellant/writ petitioner that the complainant - being the respondent no.9 - does not fall within the statutory definition of an "aggrieved woman" and whether the incident which took place could be held to be in a "workplace" of the "aggrieved woman"; both expressions being clearly defined under the provisions of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

7. In the facts of the instant case, we notice that both - the appellant/writ petitioner and the private respondent no.9 - are students of the Indian Institute of Management, Calcutta. They, along with a group of students (total 38 in number), decided to have a party outside their campus and booked a lounge named Privy Lounge, Bar-Cum-Restaurant at the Forum Shopping Mall for the said party which was scheduled to be held on 12th November, 2018. Each of them contributed their own and the party was held on the evening of that day. On 14th November, 2018, the appellant/writ petitioner received a mail from the Chairperson, Sexual Harassment Complaints Committee, directing him to meet the Chairperson as early as possible regarding sexual harassment complaint lodged against him by the private respondent no.9. It is the specific case of the appellant/writ petitioner that no copy of the complaint was ever forwarded to him. The statements made by the appellant/writ petitioner in paragraph 6 of the writ petition are required to be reproduced here-in-below:-

"6. That on receipt of such restraint order, your petitioner meet the Chairperson, ICC who informed the petitioner that the respondent no.9 lodged a purported complaint against the petitioner alleging inter alia that the petitioner tried to forcefully kiss the complainant/respondent no.9 though the petitioner has repeatedly denied such allegations. The Chairperson of ICC tried to intimidate the petitioner to accept the mistake otherwise threatened him that the repurcussion [sic; read, repercussion] would be severe. The Chairperson proposed to form an enquiry committee to which the petitioner has agreed. Accordingly, your petitioner received a mail from the Chairperson, ICC for appearing in front of the committee on 19.11.2018 to which the petitioner replied with an affirmation of his availability. Your petitioner also received a mail from PGP representatives that your petitioner has been temporarily suspended from the class representative position until further notice."

8. On 19th November, 2018, the appellant/writ petitioner was interrogated by the Chairperson, Internal Complaints Committee and also by the students' representative of the Internal Complaints Committee (ICC). After hearing the appellant/writ petitioner, the members of the Internal Complaints Committee (ICC) requested