Kerala High Court
Csb Bank Limited vs Kerala State Human Rights Commission on 10 August, 2022
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
WP(C) No.25628/2022 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Wednesday, the 10th day of August 2022 / 19th Sravana, 1944
WP(C) NO. 25628 OF 2022(C)
PETITIONER:
CSB LIMITED (FORMERLY THE CATHOLIC SYRIAN BANK LTD.), CSB BHAVAN,
ST.MARY'S COLLEGE ROAD, THRISSUR - 680 020, REPRESENTED BY ITS
ASSISTANT GENERAL MANAGER (HR), SHRI SANTHOSH KUMAR P.
RESPONDENTS:
1. KERALA STATE HUMAN RIGHTS COMMISSION, 4TH FLOOR TURBO PLUS TOWER,
PMG JUNCTION, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN - 695 033
REPRESENTED BY ITS REGISTRAR.
2. JENCY MATHEW, KOICKAL HOUSE, MOLETH ROAD, UNICHIRA, THRIKKARA P.O.,
COCHIN, PIN - 682 021.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court may be
pleased to stay the operation and implementation of Exhibit P5 order, till
final disposal of this Writ Petition (Civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.LATHA ANAND, M.N.RADHAKRISHNA MENON, SAJIKUMAR.K.K., S.VISHNU
(ARIKKATTIL), SIDHARTH P.S. & RADHAKRISHNA PILLAI B, Advocates for the
petitioner, K.P. HARISH (SENIOR GOVERNMENT PLEADER) for R1, the court
passed the following:
WP(C) No.25628/2022 2/6
S.MANIKUMAR, CJ & SHAJI P. CHALY, J
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W.P.(C) No.25628 of 2022
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Dated this the 10th day of August, 2022
ORDER
S.MANIKUMAR, CJ.
Before the Human Rights Commission, Thiruvananthapuram - respondent No.1, has filed a complaint alleging harassment. The said complaint has been entertained in HRMP No.3164/11/13/2021/TSR. After considering the averments made in the complaint and the report of the bank, the petitioner herein - the Kerala State Human Rights Commission has passed an interim order dated 3rd August, 2022, which is impugned in the present writ petition.
2. The interim order dated 3rd August, 2022 is reproduced hereunder:
" Interim Order dated 3rd August, 2022 This petition is filed against the harassment suffered by the petitioner at her work place for the past 6 years. As far as this petition is concerned, Commission primarily taking cognizance only on the allegation of harassment at work place' and its allied matter and other part of the petition will be examined on due course.
The Respondent bank has filed a report before this Commission stating details of general transfer made recently and the terms and condition for appointment also. In such report it is seen that, the respondent bank has simply treated the harassment incident in a light manner and stated that, a WP(C) No.25628/2022 3/6 W.P.(C) No.25628 of 2022 2 copy of the complaint was forwarded to the Internal Complaint Committee under POSH Act, 2013 to inquire into allegations mentioned in the complaint. Committee is conducting the inquiry into the allegation contained in the complaint as per the provisions of POSH Act, 2013.
It is pertinent to note that whatever actions have been taken under the POSH Act, 2013, the petitioner i.e. the victim is still in dark for her future and for her employment security. In this circumstance, a discussion about the true intention of the Sexual Harrassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is very important. This Act was enacted to provide protection against sexual harassment of women at work place and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. It is also added in said Act that, sexual harassment in violation of the fundamental rights of a women to equality under article 14 and 15 of the Constitution and her right to life and to live with dignity under article 21 of the Constitution and right to practice any profession or to carry on any occupation, or trade or business with includes a right to safe-environment from sexual harassment.
The protection against sexual harassment and the right to work with dignity are universally recognized human rights by international convention and instruments such as Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25 June 1993 by the Government of India. The POSH Act 2013 is made with the provisions for giving effect to the said convention for protection of women against sexual harassment at workplace. Hence this subject matter is purely under the purview of this Commission.
On perusal of the report submitted by the respondent, it is seen that, WP(C) No.25628/2022 4/6 W.P.(C) No.25628 of 2022 3 nothing has been done on the part of the bank to secure even a safe environment for the petitioner for her employment security. Unfortunately it is noted that, the petitioner had sought all possible remedies such as filing of complaint before the Thrissur Town East Police and deposed her statement u/s 164 of CrPC before the Hon'ble JFCM-II, Thrissur but no progress has been made in the investigation so far. Morcover she was put in a dilemma to rejoin her duty without ensuring a conducive atmosphere of safe employment. Hence she seeks the intervention of this 'Commission and requested for initiating appropriate action to render justice to her.
The petitioners attended the Camp Sitting of Commission held at Thrissur on 26-7-2022 and narrated her sorry state of affairs before this Commission. Accordingly, the Commission has examined all matters in detail and is decided to issue an interim direction to the respondents as follows;
i) The Respondent bank should immediately permit the petitioner to re join her earlier post and to regularize her absences without sticking of the formalities since she was abstained from duties on the fear of further harassment and not deliberately. The employer is duty bound to safeguard the working environment from further harassments also.
ii) The station House Officer of the Thrissur Town East Police to urgently inform this Commission about the progress of the investigation upon the complaint submitted by the petitioner.
Copy of the this interim order will be furnished to the petitioner, Managing Director & CEO of the CSB Bank, Thrissur and the Station House Officer, Thrissur Town East Police Station urgently,"
WP(C) No.25628/2022 5/6 W.P.(C) No.25628 of 2022 43. Heard Mr.K.P.Harish, learned Senior Government Pleader.
4. Admit. Issue notice by speed post to respondent No.2, returnable in two weeks.
There shall be an interim stay of the operation and implementation of Exhibit P5 order.
Sd/-
S.MANIKUMAR, CHIEF JUSTICE Sd/-
SHAJI P. CHALY,
smv JUDGE
10-08-2022 /True Copy/ Assistant Registrar
WP(C) No.25628/2022 6/6
APPENDIX OF WP(C) 25628/2022
Exhibit P5 TRUE COPY OF THE INTERIM ORDER DATED 03/08/2022 ISSUED
BY THE 1ST RESPONDENT.