Personal feud with male superior at workplace is not sexual harassment

Personal feud with male superior at workplace is not Sexual Harassment
The order directing the college to pay huge damages is certainly liable to have interfered which are not maintainable and against the very statute under which the Commission was constituted. Also, the claim of the petitioner for compensation for premature termination of service was also rejected by the Court as it was held that the contract of personal service cannot be enforced in writ proceedings since the very employment itself is based on the personal contract service.

A law that has been enacted to help women employees to safeguard their honour and dignity at the workplace cannot be allowed by them to settle their personal scores with male superiors. Personal misunderstandings and not getting along with a male superior would not constitute sexual harassment as held by the Madras High Court in Mary Rajasekaran vs. University of Madras (W.P.No.10364 of 2016 decided on 25.8.2021). The Court set aside an order by the Tamil Nadu Commission for Women that directed Loyola College Society to pay Rs. 64.3 lakh to a terminated woman employee who had levelled sexual harassment charges against former principal, a priest.

Brief facts of the case are that Mary Rajasekaran hereinafter referred to as petitioner had been appointed as an Administrator on a contract basis in Loyola Development Office and Alumni Association in June 2010. She had served in that position until 2015 and was paid a consolidated amount of Rs. 30,000 a month. Afterwards, she had been appointed as Secretary to the Rector...

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H.L. Kumar

Advocate, Supreme Court of India, New Delhi

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H.L. Kumar

Advocate, Supreme Court of India, New Delhi

July 2022 Issue

Building Better Work Culture -July 2022

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