JYOTI MULIMANI, J.
1. Sri.Dhyan Chinnappa., learned Senior Counsel on behalf of Sri.Shujath Ahmed., for the petitioner, Smt.Amaravathy.H.R., learned AGA for respondent No.1 and Smt.Shalini.P., learned counsel on behalf of Sri.S.H.Prashanth., for respondent No.2 have appeared in person.
2. Sri.Joshua H.Samuel., learned counsel for respondent No.3 has appeared through video conferencing.
3. The caption Writ Petition is filed seeking a Writ of Certiorari to quash the order dated:28.02.2019 passed by the first respondent in "This content is in vernacular language. Kindly email us at info@legitquest.com for this content." vide Annexure-A on several grounds as set out in the Memorandum of Writ Petition.
4. arned counsel for the respective parties have urged several contentions. Heard, the contentions urged on behalf of the respective parties and pursued the Writ papers with utmost care.
5. The issue revolves around a narrow compass and relates to the jurisdiction of the Labor Commissioner to award a lump sum amount.
6. Suffice it to note that the Management VBHC Value Homes Pvt. Ltd., is a real estate company. Mr.Ravi Ramu was working as the Managing Director and Ms.Dipashri Mistry was working as a Head of Marketing. She made a complaint against Mr.Ravi Ramu saying that she has been sexually harassed. An Internal Complaints Committee was constituted with a lady officer to investigate the allegation of sexual harassment. The Committee examined the matter and concluded that there was no sexual harassment as alleged by Ms.Dipashri Mistry. She filed an appeal before the Labour Commissioner challenging the findings of the Internal Complaints Committee. The Labor Commissioner though concludes that there is no basis for the allegation of sexual harassment, however, proceeds further and directs the Management to pay lump sum amount of Rs.70,00,000/- (Rupees Seventy Lakhs only) to Ms.Dipashri Mistry.
Learned Senior Counsel Sri.Dhyan Chinnappa in presenting his arguments strenuously urged that the order of the Labor Commissioner is without jurisdiction. He argued by saying that the direction to pay a lump sum of Rs.70,00,000/- (Rupees Seventy Lakhs only) has no nexus with the allegations.
Counsel Smt.Shalini.P., submits that the Internal Complaints Committee has not been formed as per the Statute. She argued by saying that the complainant Ms.Dipashri Mistry had sought an apology from Mr.Ravi Ramu, but the request has not been taken by the Management. She justified the order passed by the Labour Commissioner. Learned AGA submits that an appropriate order may be passed.
7. The issue relates to the alleged sexual harassment and payment of a lump sum amount. After a detailed investigation, the Internal Complaints Committee finds that there is no basis for the allegation of sexual harassment. The Labor Commissioner also affirms the finding but he proceeds further in the matter and concludes that there is a refusal of employment and directs the management to pay a lump sum of Rs.70,00,000/- (Rupees Seventy Lakhs only) to Ms.Dipashri Mistry. This is erroneous. The reason is apparent. Despite call letters, Ms.Dipashri Mistry did not report to duty. She remained unauthorizedly absent. Furthermore, the issue is related only to the alleged sexual harassment, and the same was not proved. Therefore, the Labor Commissioner has no power to pass any order regarding the payment of the amount. Hence, the direction to pay the amount is without jurisdiction. I may venture to say that the Commissioner has failed to have regard to relevant considerations and disregarded relevant matters. In my considered opinion, the order is unsustainable in law. Therefore, the order is liable to be set aside. Accordingly, it is set aside.
8. The Writ of Certiorari is ordered. The order dated:28.02.2019 passed by the first respondent in "This content is in vernacular language. Kindly email us at info@legitquest.com for this content." vide Annexure-A is quashed.
9. Resultantly, the Writ Petition is allowed.
10. Because of the disposal of the Writ Petition, the pending interlocutory applications if any are disposed of.
