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mina (finance (F&A))     08 August 2012

Rejoining harassment

I was asked to join back by my company in the presence of the judge during the hearing.As expected they have started mentally harassing me by confining me to a room with a camera fitted, not allowed in the office area etc. I have my hearing on the 13th of sept '12 . nearly a month has passed of me joining and theyare getting to harass me like asking me to use the men's loo , removing the screws of the toilet latches etc. Being a female it is embarasing but i have to bear it silently till the hearing date. Since i am not allowed to keep my cell and there is no proximity to the other staff as place is situated away from the office area near the gate where no one comes and the room is basically used by labour contractors it is scary. In this situation how can i protect myself as they can pressurize me by trying to harm me. Can i get in touch with the nearest police station and ask for help? Company says there is no such order but we took you on sympathetic ground which is false. They can make false cases against me but what can i do to keep me safe.pls give me some precautionary measures to deal with this situation. thanks



Learning

 5 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     09 August 2012

Dear Mina,

 

You need to immediately file a complaint with the nearest police station and also to the NGO womens cell against this inhuman act which is being done on you by the company. You could also ask them to jointly carryout raid on the said premises during the office hours so that they could check out the ordeal which you are suffering on a daily basis.

Incase you need any legal assistance then you may call on 09324538481.

 

Regards,

Advocate Rohit Dalmia

Mumbai

JANAK RAJ VATSA (ADVOCATE)     09 August 2012

dear mina, in addition to the advice given by ld advocate dalmia ji, also send a written complaint to the state women commission about your apathy and helplessnes and how the company is bearing on your honour

Sudhir Kumar, Advocate (Advocate)     20 August 2012

Yours is a clear case of gender harassment as you are compelled to use male loo.  This is prohibited even for private employer as per Supreme Court Judgment in Vishaka cases.  Besides it is also an offence under IPC as it amounts to outraging the modesty of a woman.

 

Both SWC and local thana are appropriate forum.  Further when you are asked to go to male toilet immediately ring up 100 and police  in some states in such cases also informs CAW immediately.

 

Kumar Doab (FIN)     20 August 2012

It is a classical case to what great lengths and heights a vindictive line management/HR and employer can go. It is perturbing.

“removing the screws of the toilet latches etc.”

Discuss the matter and details with competent and experienced well wishers, and acquaintances close to you. If you have some witnesses who shall stand by you it shall be good for you. The area councilor, community leaders, trade union leaders, neighbourers, print and electronic media personnel, NGO’s, people of repute, Istri Sabha, lawyers and reputed members of bar Council etc……..

There should be someone to state that on dated………and dated……and dated……..you were seen in this condition.

Local Trade union leaders may be able to find sympathasiser amongst labor contractors.

The company shall certainly deny all of your charges.

Try somehow to get the camera installed to keep a watch on you, confiscated by police, women cell, women commission……..

There is no reason that you should be kept in isolation, away from workstation, colleagues, staff, work place. Why a cell phone is not allowed to you? Is it allowed to other staff? This is evidently to avoid making calls in distress and record the situation.

Your acquaintances can visit the office and record the situation. The data card/memory card should be carefully preserved.  

There are other ways to record. Any reporter can help you. Are you being frisked while entering the office premises? Employee should find ways and means to record audio/visual such situations and keep witnesses.

After all, the judge has ordered to let you join duties and everything should be restored to you.

The employer wants you to be a demonstration to other employees so that no one dares to approach court of law.

A little care planning and effort can let you have a handle on this employer. False and fabricated cases can boomerang on employer also.

 

 

Sudhir Kumar, Advocate (Advocate)     21 August 2012

No need of audio visual evidence her mouth opened before police/court is sufficient  evidence that she is forced to go to men loo with out latched.. Further imopunding of camera as suggested by Mr Doab


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