X vs The District Magistrate (South) & ...
2019 Latest Caselaw 619 Del

     * IN THE HIGH COURT OF DELHI AT NEW DELHI
     %                            Date of decision: 31st January, 2019


+     LPA 555/2018 & CM. Nos. 40234/2018, 40236/2018 and 53792/2018

      X                                                  ..... Appellant
                            Through:    Ms. Warisha Farasat and Ms. Shruti
                                        Narayan, Advs.
                   versus

      THE DISTRICT MAGISTRATE (SOUTH)
      & ANR                                   ..... Respondents
                    Through: Ms. Shobhna Takiar, Adv. for
                             GNCTD.
                             Ms. Monika Arora, Mr. Kushal
                             Kumar, Mr. Harsh Ahuja and
                             Ms. Amrita Sharma, Advs. for R2.

CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE V. KAMESWAR RAO

V. KAMESWAR RAO, J. (ORAL)

CM. No.40234/2018 (for exemption) Exemption allowed subject to all just exceptions.

Application stands disposed of.

LPA 555/2018

1. This appeal has been filed by the appellant with the following prayers:

"In light of the aforesaid facts and circumstances, it is prayed that this Hon'ble Court may:

a. Pass an order to set aside the order of the learned Single Judge of the High Court of Delhi in Writ Petition (Civil) No. 8443 of 2018 dated 13.08.2018.

b. Pass an order to set aside the Report dated 13.06.2018 of the Local Complaints Committee in the Complaint made by the Appellant herein;

c. Direct the Respondent No.1 to re-constitute the Local Complaints Committee in accordance with the provisions of the Act to re-hear the complaint of the Appellant on merits following the principles of natural justice and in accordance with the provisions of the Act;

d. Pass any other order (s) that this Hon'ble Court may deem fit and proper in the interest of justice."

2. In substance, the challenge in this appeal is to the order of the learned

Single Judge dated 13th August, 2018, whereby the learned Single Judge has

dismissed the writ petition upholding the order passed by the Local

Complaints Committee dated 13th June, 2018 on the complaint made by the

appellant herein. Suffice it to state that the Committee as well as the learned

Single Judge had held that the complaint made by the appellant on 19 th

March, 2018 was beyond a period of three months as specified under Section

9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition

and Redressal) Act, 2013.

3. It was contended by the learned counsel for the appellant, that in the

complaint dated 19th March, 2018, the appellant did refer to certain

communications sent by the appellant to her employer which shall reveal that

the appellant did raise the issue of sexual harassment at the earliest and

within the limitation period. She has also relied upon an e-mail sent by an

employee working with Edible Routes, the employer against whose CEO the

appellant had made the complaint, to contend that the complaint made by the

appellant had been acknowledged and was under consideration. She

concedes to the fact that the effect of these communications as referred to in

the complaint dated 19th March, 2018 and the e-mail dated 8th January, 2018

could not be considered by the Local Complaints Committee. She also

concedes that e-mail dated 8th January, 2018 was not on record of the Local

Complaints Committee.

4. On the other hand, learned counsel appearing for the respondent state

that the orders of the Local Complaints Committee and learned Single Judge

are justified. According to her, the complaint having been made only on 19 th

March, 2018 against incidents that have taken place on 12th July, 2017 and on

6th September, 2017 are clearly barred by time. She also submitted that it is

because of non-submission of the relevant documents by the appellant the

Committee had to give such a decision. In other words, nothing precluded

the appellant to file all the relevant documents in support of her case. She

states, now the appellant should not be permitted to file documents for

reconsideration by the Committee. She has drawn our attention to the order

passed by the Local Complaints Committee dated 13th June, 2018 in support

of her submission. Alternatively, it is her submission that even on the basis

of the documents sought to be relied upon by the learned counsel for the

appellant before this Court the complaint shall not be within time. Hence no

purpose shall be achieved if the matter is relegated to the Committee. She

also states that the complaint per se shall not be maintainable before the

Local Complaints Committee as there was no relationship of employer and

employee between the Edible Routes and the appellant herein and as such the

Committee shall not have the jurisdiction to entertain the same.

5. Having heard the learned counsel for the parties, we are of the view

that the only ground on which the Local Complaints Committee had

dismissed the complaint was limitation, inasmuch as the complaint was filed

beyond a period of 3 months as contemplated under Section 9 of the Sexual

Harassment of Women at Workplace (Prevention, Prohibition and Redressal)

Act, 2013. In other words, there was no issue with regard to the

maintainability of the complaint before the Local Complaints Committee on

the ground of no employer-employee relationship exit. We say nothing more

than that. Learned counsel for the appellant has referred to certain

communications which were filed in a sealed cover before this court. The

same were not part of the record of the Local Complaints Committee and the

effect thereof could not be considered by the Local Complaints Committee.

In the fitness of things, we feel that given the nature of issue raised by the

appellant it shall be appropriate to relegate the parties to the Local

Complaints Committee by giving opportunity to the appellant herein to file

the communications as sought to be relied upon by her, which shall be

considered by the said Committee on the issue of limitation and pass a

reasoned and speaking order. Having said so, we set aside the order dated

13th June, 2018 of the Local Complaints Committee and also of the learned

Single Judge dated 13th August, 2018 passed in W.P.(C) 8443/2018. We

make it clear that we have not expressed overselves on the merit of the issue

of limitation which fell for consideration in this appeal.

The appeal stands disposed of.

CM. Nos. 40236/2018 and 53792/2018 Dismissed as infructuous.

CHIEF JUSTICE

V. KAMESWAR RAO, J

JANUARY 31, 2019/jg