Court Directs Tribunal to Reassess Legality of Enquiry Process Under Model Standing Orders
In a significant ruling, the Bombay High Court has set aside a decision by the Industrial Tribunal, Nashik, which had previously declared a domestic enquiry into allegations of sexual harassment against an employee of GlaxoSmithKline Pharmaceutics Limited as illegal. The Tribunal had also found the enquiry officer's conclusions to be perverse. However, the High Court, presided over by Justice Amit Borkar, has remanded the matter back to the Tribunal for a fresh examination of the enquiry's validity, stressing the importance of compliance with principles of natural justice.
The case involves allegations made in 2011 against Suhas Shankar Pagare, who was employed in the production department of GlaxoSmithKline at their Nashik establishment. The allegations pertained to sexual harassment of a female employee. Following the complaint, a domestic enquiry was conducted under the Model Standing Orders, which did not constitute a Complaints Committee as per the Vishaka guidelines. The Tribunal had initially declared the enquiry process flawed on this basis.
Justice Borkar clarified that the absence of a Complaints Committee, as specified in the Vishaka guidelines, does not automatically render a domestic enquiry invalid, provided the process adheres to the principles of natural justice. The High Court emphasized that the Tribunal should have focused on the fairness of the enquiry process, including whether the accused was given adequate notice, access to materials, and a fair opportunity to defend themselves.
The judgment highlighted that while the Vishaka guidelines were binding before the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the Model Standing Orders, which have statutory force, could be used to conduct enquiries if they comply with natural justice principles. The High Court found the Tribunal's previous decision to be legally unsustainable due to its failure to thoroughly examine whether the enquiry process was fair and prejudicial to the respondent.
The case has been remanded to the Industrial Tribunal with instructions to reassess the enquiry's validity, considering the fairness and natural justice principles, and to determine whether the findings were supported by evidence. The Tribunal is expected to expedite the case, ideally resolving it within six months, keeping open all contentions of the involved parties.
Bottom Line:
Sexual Harassment - Domestic enquiry conducted under Model Standing Orders cannot be declared illegal solely due to non-constitution of a Complaints Committee as per Vishaka guidelines if principles of natural justice are followed.
Statutory provision(s): Articles 226 and 227 of the Constitution of India, Industrial Employment (Standing Orders) Act, Vishaka Guidelines, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
