TRUE TRANSLATION
LOCAL COMPLAINTS COMMITTEE GURUGRAM
SEXUAL HARASSMENT OF WOMEN AT WORKPLACE ACT, 2013
(PREVENT, PROHIBITION & REDRESSAL)
Vikas Sadan, 1st Floor, Gurgaon-122001, Ph. 0124-2332363
Ref. No. 46/LCC Dated: 28/5/2018
_______________________________________________
To
Additional Deputy Commissioner
Gurugram
SUBJECT: COMPLAINT OF SEXUAL HARASSMENT AT WORKPLACE XXXXXXX V/S XXXXXXXXXXX AND XXXXXXX.
On the above mentioned subject, on 10.11.2017 a complaint was received from ICC of XXXXXXXXXXXXXXXXX, XXXXXXXXXXXXXXXXXX Towers, Sector-XX, XXXXXXXXXXXXXXX, Gurugram which is related with XXXXXXXXXXX. On 24.11.2017 complainant XXXXXXXXXX directly presented herself in the office and she deposited complaint of her sexual harassment in LCC Office. In the above mentioned complaint allegation of sexual harassment have been leveled against managing director of the company – XXXXXXXXXXX and HR Manager – XXXXXXXXX.
Accepting complaint of sexual harassment of the complainant, under provision No. 9 of SHWW Act 2013, recognizing legality on the period of time and authority of local complaint committee, it was accepted for the investigation and investigation on the complaint was conducted which is as follows. Holding discussion on the complaint of sexual harassment complainant XXXXXXXXXXXX, under provision No. 11 of SHWW Act 2013, summon (mail) was given on 01.12.2017 for giving copy of the complaint of the complainant to XXXXXXXXXX and XXXXXXXXXXXX and 04.2.2017 date was fixed for appearance in it.
On 04.12.2017 respondent presenting themselves and under provision No. 11 of SHWW Act 2013, copy of the complaint was made available to them and next date was fixed on 08.12.2017 for the investigation. On 08.12.2017 XXXXXXXXXXXX and XXXXXXXXXXXXX got registered their representation, concerned papers and list of the names of the witnesses before the Forum. Next date was fixed on 18.12.2017 for investigation. In this connection information regarding date of investigation was given through mail and telephone to the complainant and respondents.
On 18.12.2017 respondent XXXXXXXXX and XXXXXXXXXXX presented themselves at the time of investigation and they got registered their statements in writing. That at the time of investigation complainant XXXXXXXXXXXX also presented herself and she registered her statement in writing. After perusing list of the witnesses of the respondent direction were given for presenting witnesses on 22.12.2017.
On 22.12.2017 list of 10 witnesses of the complainant side was given to the forum in which five witnesses presented themselves and they got registered their statement in writing regarding the complaint. On 08.01.2018 on next regular date of investigation five witnesses of complainant presented themselves and they got registered their statement in writing in connection with the respondent.
On 10.01.2018 mail was sent for presenting witnesses of complainant on 19.01.2018 in the investigation in which complainant presented herself but her none of witness was presented. On making request by the complainant next date of investigation as fixed on 24.01.2018 in which two witness of the complainant presented themselves and they got registered their statement in writing. One witness of complainant was from Singapore. Sent their statement through mail to LCC Office. The complainant requested before the Forum for presented two witnesses on the next date.
On behalf of complainant XXXXXXXXX C-W-1, C-W-II, C-W-III, C-W-IV and C-W-V (Five) witnesses were presented before the Forum. CW-1 stated before the Forum that respondent XXXXXXXXXXXXX used to make comment after drinking wine and he also told that whatever I stated, that was stated to me by XXXXXXXXX. XXXXXXXXX never made comment in my presence. CW-2 who is not employee of the company stated that XXXXXX stated me regarding incident of Goa and discussion of cheque was done in my presence. It was also stated that XXXXXXXXX does not have gentle behavior towards Women. CW-3 who is working in XXXXXXXXXXX has written in mail that they have no information regarding incident of sexual harassment. CW-4 and CW-5 do not describe any incident of sexual harassment also in their statements. In connection with the above mentioned complaint respondent XXXXXXXXXXX and XXXXXXXXXXX presented 10 witnesses before the committee. All witnesses do not describe any incident of sexual harassment in their statements. Committee also wants to bring into cognizance that two witness of complainant XXXXXXXXX are also respondent XXXXXXXXXX and XXXXXXXXX.
After hearing evidence of above mentioned both sides and after holding discussion on the concerned facts, forum wants to clear under mentioned issues:-
- By the complainant this complaint of sexual harassment was given first of all to the internal complaint committee (ICC) of the company and according to the rules by ICC above mentioned complaint was sent for investigation to local complaint committee (LCC) Gurugram. Forum found that in the complaint which was given to ICC and in the complaint which was given LCC, the facts are not same and it appears that either attempt has been made to mislead ICC or wrong information has been given to LCC.
- CW-2 in his statement has given information in favour of complainant but forum has found that under system of the company, which work was handed over to XXXXXXXX, the same opportunity of professional benefit was given to CW-2 therefore Forum accept this witness as interested witness.
- Allegations leveled by the complainant, respondent has been stopping her witness, in the investigation it was found wrong.
- Which allegations have been leveled on using wrong words in oral manner, in the investigation it has found that those words were told in presence of other people and they were part of the collective discussion. Confirmation of this fact has been made by the witnesses before the Forum. Except it in the complaint of the complainant those incidents have been described regarding sexual harassment, there is enough lengthy interval. Founding of this manner regarding process of pending sexual harassment does not appear natural to the Forum. During the course of investigation Forum has found that complainant was also doing traveling with the respondent but description of any such incident never come before the Forum which is related with the sexual harassment and which has done during the course of travelling. Forum accepts this subject matter unnatural.
Therefore, Forum in its investigation has found that XXXXXXXXX has got registered complaint of sexual harassment, the same has been made in a planned manner. Therefore committee recommends that a warning with instruction of District office be issued to the complainant so that she may not have any courage for misusing the law in this manner in future. Therefore committee recommends to discharge respondent XXXXXXXX and XXXXXXXXX from the allegations of sexual harassment which had been leveled against them and according to provision No. 13 of S.H.W.W Act 2013 investigation report is sent to District officer.
Sd/- illegible
Chair Person
Local Complaint Committee
District Gurgaon
Name of the members of Local Complaint Committee
District: Gurugram
Name:
1. KULBHUSHAN BHARDWAJ Sd/-
(Advocate)
2. RAJNI ADVOCATE (Signed in English)
DISCLAIMER: The above judgement is posted for informational purpose ONLY. Printout/ Copy from this website are not admissible citation in the Court of Law. For a court admissible copy contact your advocate.
You may contact me for consultation or advice by visiting Contact Us
Leave A Comment