Karnataka HC reserves judgment on liability of Ola to inquire into PoSH complaint against driver

Karnataka HC reserves judgment on liability of Ola to inquire into PoSH complaint against driver

Karnataka High Court, in Ms. Tanvi Sinha vs. Internal Complaints Committee Ani Technologies Private Limited (WP 8127/2019), on August 8, 2024, addressed a petition from a woman requesting that the Ministry of Women and Child Development direct ANI Technologies, Ola’s parent company, to investigate her sexual harassment complaint against an Ola driver under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (“PoSH Act“). Ola sought dismissal of the petition, arguing that the PoSH Act does not apply because the drivers are independent contractors, not employees. The Court dismissed Ola’s argument, noting the negligence and failure of the authorities to properly handle the serious complaint. The Court criticized the dismissal of the woman’s complaint by Ola’s internal committee, which was based solely on external legal advice rather than a thorough consideration of the PoSH Act. The Karnataka High Court has reserved its judgment on the case.

Also read: Non-renewal of employment contract due to misconduct needs inquiry: Supreme Court

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October 2024

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