IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 36854 OF 2016 (L-RES)

BETWEEN:

MS USHARANI D/O LATE RAJANNA, AGED ABOUT 35 YEARS R/AT NO.S-1, BINDU ENCLAVE, VIDYARANYAPURA, BANGALORE-560 097.

…PETITIONER (BY SMT. MAITREYI KRISHNAN, ADVOCATE FOR SRI. CLIFTON D ROZARIO.,ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS THE ADDITIONAL LABOUR COMMISSIONER, APPELLATE TRIBUNAL Digitally signed by KARMIKA BHAVAN VANAMALA BANNERUGHATTA ROAD, N BENGALURU - 560 029.

Location:

High Court of

2. EXL SERVICES PVT LTD Karnataka EMBASSY (VRINDAVAN) TECH VILLAGE, TOWER 2D,PHASE-1, OUTER RING ROAD, SARGAPUR, DEVARABEESANAHALI, MARATHATHALLI, BENGALURU-560 087.

3. ANAND ASHRIT S/O GOPALA ASHRIT AGED ABOUT 40 YEARS RESIDING AT NO.93, ASHRAYA NILAYAN GOPALA ASHRITHA, 1ST CROSS RAMANA GARDEN

2^ND MAIN, CHAMUNDESHWARI LAYOUT VIDYARANYPURA, BENGALURU - 560 097.

…RESPONDENTS (BY SMT. VAHEEDA, AGA FOR R1;

SMT. NAYANATHARA B G, ADVOCATE FOR R2 SRI. M PARTHA FOR R3.,ADVOCATE FOR R3)

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO.DIRECT THE R-1 TO CONSIDER THE REPRESENTATION DATED 24.5.2016 VIDE ANNEX-C TO THE W.P; DIRECT THE R-1 TO DIRECT THE R-2 TO IMPLEMENT THE ORDER DATED 12.4.2016 VIDE ANNEX-B.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD

ORAL ORDER

The petitioner seeks directions to the first respondent - the Additional Labour Commissioner and the designated Appellate Authority under the Sexual Harassment of Women at Workplace [Prevention, Prohibition and Redressal] Act, 2013 [for short, 'the POSH Act'] to call upon the second respondent to take action against the third respondent as contemplated under Section 13[3] of the POSH Act and Rule 9 of the Sexual Harassment of Women at Workplace [Prevention, Prohibition and Redressal] Rules, 2013 [for short, 'the 2013 Rules']

and to pay compensation to the petitioner.

2. The second respondent has terminated the petitioner's services. The petitioner has filed a civil suit calling in question the second respondent's decision to terminate her services, and this suit is pending consideration. The petitioner contends that the third respondent has sexually harassed her while she was working with the second respondent in the United State of America, and that she has filed a complaint with the second respondent's senior officials in the month of July 2013 immediately on returning to India. The petitioner further contends that though immediate action is not taken, Internal Complaints Committee [ICC] is constituted and that this Committee unjustifiably has dismissed her complaint on 28.07.2014.

3. The petitioner has filed an appeal with the first respondent under Section 18 of the POSH Act calling in question the ICC's order dated 28.07.2014, and this appeal is registered in dispute No.05/2014- 15. The first respondent has issued notice of this appeal to the second and third respondents. The second respondent has contested the appeal, but the third respondent has remained absent. The first respondent, by its order dated 12.04.2016, has allowed the appeal opining as follows against the second and third respondents:

3.1 As against the third respondent: The third respondent has remained absent, and his absence is deliberate. The third respondent has not availed opportunity even before the ICC to establish his innocence. The reasons assigned by the ICC to dismiss the petitioner’s complaint cannot be accepted. The first respondent has observed that the second respondent has failed to take all measures as would be necessary to ensure a working woman is not harassed and that this respondent has also failed to take measures during the proceedings.

3.2 As against the second respondent: The second respondent has contested the appeal asserting that the petitioner could not have availed appellate remedy under