Woman Passenger Harassed: Karnataka High Court To Hear Ola's Appeal Against Compensation, PoSH Enquiry On March 17

The Karnataka High Court will hear on March 17, the appeal preferred by ANI Technologies, which owns and operates OLA Cabs, challenging a single judge order which directed the company to pay Rs. 5 lakh compensation to a woman harassed by their driver, during a trip in 2019.

Apart from ordering compensation, the single judge Justice MGS Kamal had last year also held that the driver would be considered an employee of Ola and had thus directed the Internal Complaints Committee of the company, constituted under the POSH Act, to hold an enquiry in the matter.

Following Ola's appeal, the High Court had stayed the single judge order on October 4, 2024. Though the victim-woman initially moved an application to vacate the stay, her counsel today agreed to the appeal being heard finally.

Following this, Chief Justice N V Anjaria and Justice M I Arun confirmed the interim order and posted the matter for final hearing. The division bench will also consider the company's contention that since OLA doesn't employ any driver, implementation of the PoSH Act would be debatable.

The single judge in its order had also cautioned the stakeholders to ensure compliance with Section 16 of the POSH Act and see that the identity of persons involved in the matter is not disclosed. ANI Technologies was also directed to pay an additional Rs 50,000 towards litigation expenses.

The woman was allegedly subjected to sexual harassment in 2019 and her complaint to ANI Technologies, seeking action against the driver was not entertained. The ICC had declined to hold an enquiry in the matter upon the advice given by 'external legal counsel' that it did not have jurisdiction to enquire into the matter.

Following this, she approached the high court seeking direction on the company to inquire into the complaint.

The court in its order had also directed the Karnataka State Road Transport authority, which had issued notice seeking an explanation from ANI Technologies, to proceed with the matter and complete the process within 90 days, after affording the opportunity of hearing. Further, it imposed a Rs. 1 lakh cost on the State, purportedly for failure to respond to the petition.

Case Title: ANI Technologies Private Limited & Ms X & Others

Case No: WA 1493/2024.