Sexual harassment at work place
5 years ago
Hi sir, I want some advice as I have filed FIR against my supervisor who harasshed me physically at my work place. Not only with me but also happend with other females as well. I complained with HR but because of their position Higher mgmt was supported him several month. They were only conducting meetings and passing time when I realized they will not take action I complained to the police. after complaining police company has taken action and the physical harassment committee has proved him guilty on the basis of evidence on record. But due to all these I suffered alot approx 1 and half year. Still they are harassing me mentally. They have given me lowest rating and I was not recommended for the year end revision etc. Everytime I have to mail for my rating revision n all. And still I'm sitting idol at home they are not calling me to join back. My Image is also destroyed in the company.
I want to know in this case can I sue the company or that culprit for defamation.
Rajender Prasad
Responded 5 years ago
A.For details, pl. contact some advocate through vidhikarya.com
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Deepak Yashwantrao Bade
Responded 5 years ago
A.Dear client kindly file civil suit for damages under tort laws. That is, the basis for filing the case would be mental anguish, physical harassment, loss of income and employment caused by the sexual harassment.
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ARPIT BATRA
Responded 5 years ago
A.Was an FIR registered?
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A.Yes, there several issues settled by Labour Commissioner..
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation
officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation
officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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ROBERT D ROZARIO
Responded 5 years ago
A.A civil suit can be filed for damages under tort laws. That is, the basis for filing the case would be mental anguish, physical harassment, loss of income and employment caused by the sexual harassment.
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A.Dear Client,
I would like to add few points in addition to what other Ld Advocates have already stated.
Point No 1.Please go through the Handbook on Sexual Harassment of Women at Work Place by the Ministry of Women & Child Development,Government of India
Point No.2. Laws and Procedures: Sexual Harassment in the Work Place: Vishaka Guidelines against sexual harassment in the work place.
Please have a look and you will develop more self confidence.
Point No.3.Please see the exact date and time of FIR and see how many days have passed and what action has been taken.If you are not satisfied either with the progress or Enquiry then in that case bring it to the Notice of the Head of the District Superintendent of Police(SP) immediately.
Point No 4. Please get in touch with some good Women Organisations of national Repute who might help you to get justice.
Adter getting additional information from your side I will write .
Shanti Ranjan Behera,Advocate
I would like to add few points in addition to what other Ld Advocates have already stated.
Point No 1.Please go through the Handbook on Sexual Harassment of Women at Work Place by the Ministry of Women & Child Development,Government of India
Point No.2. Laws and Procedures: Sexual Harassment in the Work Place: Vishaka Guidelines against sexual harassment in the work place.
Please have a look and you will develop more self confidence.
Point No.3.Please see the exact date and time of FIR and see how many days have passed and what action has been taken.If you are not satisfied either with the progress or Enquiry then in that case bring it to the Notice of the Head of the District Superintendent of Police(SP) immediately.
Point No 4. Please get in touch with some good Women Organisations of national Repute who might help you to get justice.
Adter getting additional information from your side I will write .
Shanti Ranjan Behera,Advocate
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Vishwabandhu
Responded 5 years ago
A.Dear client Tell me in Which Company u were working ? What were their terms and conditions when u joine that company ? What happened to your FIR ? Police registered a case or not ?
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Rameshwar Dadhe
Responded 5 years ago
A.By advocate Rameshwor dadhe dear mam yes you can file case against company. Because you will loss Ur future income as well as past income. You should deamad appropriate consideration for Ur losses. Otherwise you can make parties both companies or who was harassment . If you will make parties then U will get appropriate consideration
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