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2023 Supreme(Online)(DEL) 4827
HIGH COURT OF DELHI
C. Hari Shankar, Manoj Jain, JJ
DR SOHAIL MALIK – Appellant
Versus
UNION OF INDIA – Respondent
W.P.(C) 8624/2023
For the Appellants/Petitioners: Mr. Arun Bhardwaj, Mr. R.K. Saini, Mr. Nishant Bahuguna, Ms. Usha Sharma
For the Respondents: Mr. Vineet Dhanda, Mr. Vinay Yadav, Ms. Gurleen Kaur
The SHW Act applies to all workplace harassment cases, regardless of departmental boundaries.
Headnote:(A) Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - Sections 2(f), 2(g), 4(1), 9(1), 13 - Jurisdiction of Internal Complaints Committee - Petitioner challenged the jurisdiction of ICC of complainant's department over sexual harassment allegations against him, arguing that ICC could not inquire as the complainant and petitioner are from different departments. The Court held that SHW Act encompasses harassment by employees across departments, underscoring that objective is to ensure a safe environment for women. (Paras 3, 22, 43)
(B) Judicial Interpretation - Employment Relationships - The definition of “employee” under the SHW Act applies irrespective of departmental boundaries, ensuring accountability for sexual harassment. (Paras 10, 28, 38)
(C) Purpose of Legislation - Emphasis on the purposive interpretation of the SHW Act to promote women’s safety, equity, and dignity at the workplace regardless of departmental affiliations. (Paras 12, 18, 19)
| Table of Content |
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| 1. jurisdiction of icc under the shw act (Para 1 , 2) |
% 30.06.2023 per C. HARI SHANKAR, J.
1. If a woman employee in one department of the Government of India is sexually harassed by an employee of another department, would she, or would she not, be entitled to invoke the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (―the SHW Act‖, hereinafter)? The petitioner would seek to submit that the answer has necessarily to be in the negative. In other words, according to the petitioner, one has to be sexually harassed by a colleague in one’s own department, for the SHW Act to apply.
Signature Not Verified Digitally Signed By:SUNIL W.P.(C) 8624/2023 Page of
2. This writ petition, directed against judgment dated 23 June 2023 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (―the learned Tribunal‖) in OA 1838/2023, requires the Court to address this issue, which, the petitioner submits, is thus far res integra.
Facts
3. The present proceedings emanate from a complaint addressed by an officer in the Department of Food and Public Distribution, Ministry of Consumer and Public Distribution, alleging that the petitioner, who is a 2010 Batch officer of the Indian Revenue Service (IRS), had sexually harassed her. The complaint was presented by the complainant before the Internal Complaints Committee (ICC) – constituted under Section 9 of the SHW Act in the wake of the judgment of the Supreme Court in Vishaka v. State of Rajasthan , [Signature Not Veri1f i(e1d997) 7 SCC 323] – of her department/workplace i.e. the Department of Food and Public Distribution.
4. On receiving a meeting notice dated 13 June 2023 from the said ICC, scheduling a hearing on the complaint of the complainant on 22 June 2023 and calling on the petitioner to appear therein, the petitioner, instead of appearing in the hearing, moved the learned Tribunal by way of OA 1838/2023, questioning the jurisdiction of the ICC to examine the complaint of the complainant.
5. The learned Tribunal has, by the impugned judgment dated 23 June 2023, rejected the said challenge and accordingly dismissed the OA.
6. Aggrieved thereby, the petitioner has moved this Court by means of the present writ petition.
7. We have heard Mr. Arun Bhardwaj, learned Senior Counsel for the petitioner, instructed by Mr. R.K. Saini, learned Counsel.
Petitioner’s Submission
8. Mr. Bhardwaj has drawn our attention to clauses (f), (g), (m) and (o)2 of Section 2 , as well as Sections 4 (1), [Digitally Signed By:SUNIL W.P.(C) 8624/2023 Page 3 of 19], 9(1)4, and 135 of the
(f) ―employee‖ means a person employed at a workplace for any work on regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor, with or, without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name;
(g) ―employer‖ means –
(i) in relation to any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit of the appropriate Government or a local authority, the head of that department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit or such other officer as the appropriate Government or the local authority, as the case may be, may by an order specify in this behalf;
(ii) in any workplace not covered under sub-clause (i), any person responsible for the management, supervision and control of the workplace;
Explanation. – For the purposes of this sub-clause ―management‖ includes the person or board or committee responsible for formulation and administration of policies for such organisation
