HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 19755 OF 2021

O R D E R:

Writ Petition No. 19755 of 2021 was filed by the management of Hindustan Coca-Cola Beverages Private Limited against the Award dated 31.03.2021 in I.D. No. 4 of 2016 on the file of the Labour Court-II, Hyderabad.

2. Petitioner – Company was engaged in the business of manufacture and sale of non-alcoholic beverages / soft drinks, fruit juices, packaged drinking water under various brand names. The 2^nd respondent, while working as Loader in the company, it is alleged, misbehaved with Ms. A. Bodi, employee of petitioner’s contractor - M/s Iris Services who was deputed to work as a Sweeper in the premises of petitioner’s plant. The Internal Complaints Committee constituted by the petitioner as per the provisions of Section 4 of the POSH Act, conducted enquiry and submitted report dated 12.10.2015, holding that charges of sexual harassment were proved against Respondent No.2, by assigning cogent reasons with reference to the evidence brought on record.

2.1. It is stated, based on the recommendations of ICC, petitioner addressed letter dated 20.10.2015 to Respondent No.2 enclosing a copy of the report dated 12.10.2015 of the ICC. In response, on 04.11.2015, Respondent No.2 replied denying all the findings arrived at by the ICC and also saying that he was not given or made to know the contents of evidences, which is in total contrast to the material available. As the explanation submitted was a clear afterthought and neither satisfactory nor tenable, Petitioner evaluated the proportionality of the punishment in the light of the findings arrived at by the ICC fully supported by valid material evidence, the gravity of the acts of misconduct proved and its implications on the discipline among other employees, the recommendation of the ICC and since there were no extenuating or mitigating circumstances to take a lenient view in the matter, Petitioner was convinced that no punishment lesser than that of dismissal can be imposed more so, as it has lost confidence in him, and thus, dismissed Respondent No.2 from the services vide Order dated

20.11.2015 and his account was also finally settled.

2.2. While so, Respondent No.2 approached Respondent No.1 Labour Court under Section 2-A(2) of the Industrial Disputes Act, 1947 (for short, ‘the Act’), which was numbered as ID No. 4 of 2016. Accordingly, the Labour Court, after receiving the pleadings on either side, proceeded to decide the validity of the inquiry of the ICC and after hearing both the sides, passed detailed order dated 30.12.2020 upholding validity of the enquiry conducted by the ICC. and this order has become final as it remained unquestioned by the workman. Thereafter, Respondent No. 1 proceeded to hear the final arguments under Section 11-A of the Act and passed a totally perverse and arbitrary Award impugned, ignoring the principles of law governing the exercise of jurisdiction under Section 11-A arbitrarily and illegally directing Petitioner to pay the purported compensation of Rs.12,48,000/- to the workman in lieu of reinstatement, while holding that he is entitled for continuity of service, back wages and attendant benefits. Hence, the Writ Petition.

3. This Court by order dated 29.10.2021 suspended the impugned Award subject to petitioner depositing Rs.12,48,000/- before the Labour Court-II within four weeks from that day. It was made clear that Labour Court should deposit the amount in any nationalised bank.

4. The 2nd respondent workman filed counter stating that Ms. Bodi who was working as contract employee engaged by the contractor falsely implicated him in this case when he refused to give canteen token free of cost and when he asked her to refund the money taken from him. Even before the ICC, no valid documents are placed in proof of the allegations of Ms. Bodi. In fact, the said Committee also held in its report that as complained by Bodi that in the morning respondent came to her and expressed