Posh At Work: POWERS OF THE ICC – VIEWS OF INDIAN COURTS

Saikuttan ON vs Kerala State Electricity Board Ltd and Ors Bench – High Court of Kerala at Ernakulum

Decision dated – August 11, 2020

Overview of case : Since 2003, the petitioner has worked as a Driver – Grade 1 at the Kerala State Electricity Board's Electrical Division in Cherthala. Petitioner filed a petition in the High Court opposing his transfer order to Kalamassery System Operation Circle dated May 7, 2020. The Petitioner argued that the transfer order was issued as a form of retaliation for reporting violations, and that transferring during a pandemic is dangerous to one's health.

The Electricity Board argued that the transfer order was issued as a result of a complaint lodged by the Petitioner's controlling officer (a senior female officer), who said that the Petitioner was irresponsible and bullying her and other female employees. This case was pending before the POSH Act-created Internal Complaints Committee. As a result, the transfer order was released under Section 12 of the POSH Act as a temporary measure.

Judgment: The High Court held that it is a well-established legal principle that transfer of jobs is an incident of duty, and that courts should not intervene with such orders unless they are made in breach of the rules or are made in bad faith.

Given the powers granted to an Internal Complaints Committee under Section 12 of the POSH Act, the court determined that there is a risk of animosity between the Petitioner and the complainant, as well as other female employees working in the office, during the adjudication of the complaint by the Internal Complaints Committee, and that the petitioner may attempt to influence the witness. As a result, it was right to transfer the Petitioner to another office, as allowed by statute. The transition order was determined to be valid on the grounds stated above, and the writ petition was dismissed.