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Justice M G S Kamal, presiding over a single-judge bench, also instructed Ola’s Internal Complaints Committee (ICC) to initiate a proper inquiry in line with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act).
The inquiry is to be concluded within 90 days, and a report must be submitted to the District Officer. Additionally, ANI Technologies has been ordered to pay Rs 50,000 to cover the petitioner’s litigation expenses.
The Court emphasised that all parties must comply with Section 16 of the POSH Act, ensuring confidentiality of the identities involved. The Court had reserved its order on August 20. The petitioner, who was subjected to the harassment, had initially approached Ola with her complaint, but the company’s ICC, following advice from external legal counsel, declined to investigate, claiming it lacked jurisdiction.
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The state government has been ordered to pay a penalty of Rs one lakh for failing to respond adequately to the petition. During the proceedings, the petitioner’s counsel argued that Ola functions as a transport company, not merely a platform, and should bear responsibility for its drivers’ actions. The counsel for Ola, however, contended that the drivers are independent contractors, and not employees, and the company should not be held liable under labour laws.