In the Court of State
Commissioner for Persons with Disabilities
National Capital Territory
of Delhi
25-D,
Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-110002
[Vested
with powers of Civil Court under the Rights of Persons with Disabilities Act,
2016]
Case No.616/1111/2018/12/831-834 Dated:
13.02.2019
In the matter of:
Ms. Seema,
D/o Sh.
Harcharan Lal,
H.No.172,
Gali No. 30D,
Molarband
Extension
Badarpur,
Delhi-110044. .………..Complainant
Versus
The Deputy Commissioner of Police,
South East District,
Pocket C, SaritaVihar,
New Delhi, Delhi 110076. …………..Respondent
No. 1
Samarthanam Trust for the Disabled,
E-18A East of Kailash,
Near Kailash colony Metro
Station,
New Delhi, Delhi 110065. …………..Respondent
No. 2
Samarthanam Trust for the Disabled,
CA: 39, 15th Cross, 16th Main,
Sector-4,
HSR Layout, Bengaluru,
|
Karnataka-560102. …………..Respondent
No. 3
|
Date of hearing : 05.02.2019
Present : Ms. Seema, Complainant
Sh. A.K. Peethambaram, Sh. Lalatendu Rout, Ms. Anupriya Chadha, Sh. Govind Kumar,
for respondent No.2 & 3.
ORDER
The
above named complainant, a person with 88% locomotor disability vide her
complaint dated nil received on 03.12.2018 submitted that she was working as a
trainer in Samarthanam Trust since 17.05.2018.
After one month, she was informed that the project for which she was
working, is over and therefore she has to work as a mobiliser. Ms. Anupriya Chadha of the organisation told
her that she would have to do the stitching work etc. without providing her any
training. She also alleged that she was
asked to bring food which she refused.
She further alleged that one office boy behaved in a sexually suggesting
manner. They also put some substance in
her tea due to which she met with an accident.
She was told to leave the organisation without even paying her salary.
2. The
complaint was taken up with the respondents under the Rights of Persons with
Disabilities Act, 2016, hereinafter referred to as ‘Act’.
3. There
was no response from Respondent No.1. Respondents
No. 2 & 3 submitted as under:-
“Dear Sir,
Sub: With regards to notice of complaint to show cause
issued to Samarthanam Trust for the Disabled
Ref no: Case No.
616/1111/2018/12/12785
This is with regards to notice of complaint
to show cause for Ms. Seema’s case, herewith we would like to bring it to your
notice that Samarthanam is a nonprofit organization working for last 21 years
for the welfare of persons with disabilities across India. Samarthanam started
with the vision of empowering disabled in the area of educational, social,
technical and economical aspects. Samarthanam has benefited thousands of
disabled through rehabilitation and helped them to earn their dignity of life.
Hence, our organization has been successful in serving for disabled over last
two decades and it has been recognized by the State and Central governments
with awards for its dedication and concern towards the welfare of the disabled.
May we point out to your good self that this
is the first case for which our organization has received this kind notice from
the department. Ms. Seema has been employed in Samarthanam Trust for the
Disabled, Delhi center as a trainer for tailoring from the month of May 2018.
When we hired her, there was requirement for tailoring and we offered the job
to Seema with condition that her employment remains in the organization until
we have this tailoring project, after which, her employment will be continued
only if there is any requirement with funding option. Also, as per
organization’s policy each employee should serve 6 months
probationary period to get employment confirmation. Since the project got over
within 6 months of span, we requested Seema to serve notice period of 7 days as
per our policy and requested her to submit resignation as there is no
requirement for tailoring. Also, we assured that organization will offer job if
there is funding opportunity for tailoring in future. This has been clearly
discussed with Seema and we got oral acceptance over the call. Otherwise we did
not have any intention to relive her from the job. And, we followed all
procedures in relieving her from the job according to the offer letter, since
our organization believes in respecting women and has concern about
self-dignity of the employee.
With regards to complaint on mental and
physical harassment, organization has a Committee and policy in place to tackle
this kind of allegations. Organization has zero tolerance for such kind of
harassment issues. In fact, this issue had not been brought to the management
notice by Ms. Seema before filing the complaint. Otherwise we would have
investigated with the Delhi team and taken necessary action against alleged
offenders. As responsible organization, we will examine this matter and collect
the information with evidence. If anybody is found guilty, our organization
will take appropriate action against such employee.
We would request you to consider above points
and instruct Ms. Seema to contact our New Delhi office and sort out her alleged
complaints.
Yours faithfully
A.K. Peethambaram
(Authorised Signatory)
For Samarthanam Trust for the Disabled”
(Authorised Signatory)
For Samarthanam Trust for the Disabled”
4. The complainant vide her rejoinder received on 02.01.2019
reiterated her allegations about bad behaviour and ill treatment by the
functionaries of the organisation and submitted that she should be given her
job back.
5. Upon considering the reply of respondents No. 2 & 3, a
hearing was scheduled on 05.02.2019. During the hearing, the complainant
reiterated her written submissions and during the interaction, it revealed that
she neither had any supporting document/ evidence to support her allegations
against Sh. Govind Kumar and others nor did she inform the concerned officials
in the organisation or filed any complaint with the police. She submitted that
because of fear of loosing the job or further harassment, she did not file any
complaint in writing. She also stated that she contacted the HR Manager but did
not report the matter to him on telephone or submit any representation in
writing/email. She wanted that the delay
in payment of her salary for the month of November, 2018 by nearly 20 days (the
salary was paid to her on 24.12.2018 instead of 07.12.2018) should be taken as
the proof for her harassment on the ground of her disability. As per her, payment of some amount on account
of conveyance is also pending.
6. The representatives of the respondent reiterated the written
submissions that there is an Internal Complaints Committee and grievance redressal
mechanism in place. The complainant
neither filed any complaint in writing nor brought the alleged instance to the
notice of any senior functionary including the women functionary. They informed that the complainant has filed a
complaint in the Labour Court, Pushp Vihar regarding her salary for the notice
period. Three hearings have already been
held and next one is on 06.02.2019. The
organisation has already deposited in the court a cheque for full and final
settlement.
7. It is observed that as per the office letter dated 16.05.2018,
the complainant was appointed to the position of Trainer and she was required
to report directly to the centre Head.
Her salary was fixed at Rs.12,010/- p.m. and her suitability was to be
regularly reviewed and the offer would stand cancelled in the case of any
deviation in information or if she failed to report before 17.05.2019. The offer letter also mentioned that the NGO
is dependent on external funds and schemes and it is not certain that the NGO
would always get the funds for programme.
Therefore, her employment would be continued as per continuation of
funds or schemes.
8. As a complaint is pending before the Labour Court with regard
to her salary and the complainant does not have any documents in support of her
allegations, the complaint is dispose of with the recommendation that any
pending payment on account of local conveyance be paid to her within 10 days of
the submission of the claim in the prescribed form as the representatives of
the respondent have informed that the complainant has not submitted any claim
in the prescribed form.
9. The
complaint is disposed of.
10. Given
under my hand and the seal of the Court this 13th day of
February, 2019.
(T.D. Dhariyal)
State Commissioner for
Persons with Disabilities
