HR Manager Told To Pay Rs 50,000 For 60 Months To Ex-Employee After She Filed A Sexual Harassment Case

The state labour department has imposed a monthly penalty of Rs 50,000 for five years on a senior manager of a software company who is facing charges of sexual harassment. The department also directed the company not to promote him or give him any hike for the next three years.

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The additional labour commissioner, who is the appellate authority, has held the company responsible for the violation and asked it to pay monetary compensation to the woman.

The complainant, a former employee of I P Infusion Software India Private Limited in Mahadevapura, had said she was sexually harassed by Bharat Chandrashekhar, senior manager (HR), while she was in service. She appealed to the labour department after the company's internal complaints committee quashed her petition.

The woman complained Chandrashekhar had commented on the colour of her nail polish and tried touching her fingers inappropriately. Once, referring to a job applicant, Chandrashekhar had allegedly said the person was interested in joining the company because he had seen the complainant and got attracted to her.

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In his December 27 2016 order, T Srinivas, additional labour commissioner, directed the company to hold back Chandrashekhar's annual salary increment and other monetary benefits for three years from January 1, 2017. He directed the company to deduct Rs 50,000 from Chandrasekhar's salary every month for 60 months, and pay the same to the complainant.

In case Chandrashekhar leaves the company, then the amount should be deducted from the money payable by the company to him and the same should be paid to her. And if the company fails to do so, then it has to pay the amount to the petitioner on its own, said the order, a copy of which is with TOI.

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Holding the company guilty of creating an atmosphere conducive for sexual harassment, the appellate authority ruled that under the provision of Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, the company management has to pay her Rs 4,80,000 towards her monthly salary between September 2015 and December 2016.

The complainant was drawing a monthly salary of Rs 30,000 when she was relieved of her duties in 2015.

The woman had filed a petition before the company's internal complaints committee, which dismissed her petition on July 23, 2015. She then moved the appellate authority on October 16, 2016.