In a significant judgment clarifying the jurisdictional limits of IC under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), the Bombay High Court has held that a shared autorickshaw used by employees for commuting to work does not qualify as a “workplace” under the Act. Consequently, incidents alleged to have occurred in such a setting cannot be investigated by an Internal Committee (IC) constituted under the POSH Act.
The case( Siddhesh Pradeep Satpute vs State Bank of India & Ors.WRIT PETITION NO. 1213 OF 2024 decided on 16.6.26) arose from a complaint filed by a female employee against a male colleague, alleging sexual harassment during a shared auto-rickshaw ride while travelling to work. The employer’s Internal Committee investigated the complaint and found the employee guilty. The findings were subsequently challenged before the High Court.
After examining the provisions of the POSH Act, the Court observed that the Act applies only to incidents occurring within the scope of a “workplace” as defined under Section 2(o) of the legislation. The Court noted that a shared autorickshaw arranged independently by employees for commuting purposes does not fall within the statutory definition of a workplace. As a result, the Internal Committee lacked jurisdiction to inquire into the complaint, and its findings were set aside.
The judgment reinforces an important legal principle that the powers of Internal Committees are confined to situations expressly covered by the POSH Act. While the Act adopts an expansive interpretation of workplace in many circumstances, the Court emphasized that not every location where employees interact can automatically be treated as a workplace.
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Key Implications for Employers and HR Professionals
- Jurisdiction Must Be Examined First: Before initiating a POSH inquiry, organizations should assess whether the alleged incident occurred within the statutory definition of “workplace.”
- Commuting Incidents Require Careful Evaluation: Unless transportation is employer-provided, controlled, or forms part of official work arrangements, incidents occurring during routine commuting may fall outside the scope of the POSH Act.
- Alternative Disciplinary Mechanisms May Be Available: Even where the POSH Act is inapplicable, organizations may still address inappropriate conduct through service rules, codes of conduct, standing orders, or disciplinary procedures, subject to principles of natural justice.
- Review POSH Policies: Employers should revisit their POSH policies and awareness programmes to clearly explain the distinction between workplace-related incidents and matters that may require different legal or disciplinary remedies.
The ruling is another example of courts emphasizing that while workplace safety remains paramount, POSH proceedings must operate strictly within the statutory framework prescribed by law. HR leaders and Internal Committee members should therefore ensure that complaints are assessed not only on merits but also on whether the committee has legal jurisdiction to investigate the matter.
