Shared auto not workplace: Mumbai HC quashes action under POSH Act
Executive Take
HR and legal teams must re-examine how their POSH policies define "workplace" and "extended workplace," since incidents outside company premises or transport arranged by the employer may fall outside internal committee jurisdiction unless policies explicitly broaden the definition.
Executive Summary
The Bombay High Court quashed disciplinary action against a banker under the POSH Act, ruling that a shared auto rickshaw does not qualify as a "workplace." Justices Suman Shyam and F P Pooniwalla held that an internal committee can only entertain sexual harassment complaints occurring at the workplace, as defined under the Act.
Why It Matters
HR leaders should care because this ruling narrows the scope of internal POSH committees' authority, creating potential gaps in employee protection for incidents occurring during commutes or off-premises interactions between colleagues.