17 September 2020 12:11 am
A Delhi Court on Wednesday ordered conviction of Lalit D’Silva Former Regional Manager (India) of Srilankan Airlines on charge of outraging the modesty of a female employee. Metropolitan Magistrate Dev Saroha, at Patiala House Court pronounced the verdict through video conferencing today and will decide the quantum of sentence on 17th November 2020 in presence of the accused Lalit D’Silva.
The sentence wasn’t pronounced by the Court as the accused, Lalit D’Silva wasn’t physically present before the Court today in wake of the pandemic and non operation of international flights, as its necessary for the accused to be present at the time of pronouncement of quantum of sentence as per the Procedure code.
The Complainant’s lawyer Advocate Ajay Verma, while talking to India Legal said “The victim a woman with strong will power has been fighting for her honour. She remained consistent in her testimony. Despite giving her best performance for 12 years to the company, the airline was insensitive and did not create safe working Environment for women. She was illegally terminated also. The termination has also been challenged before the Industrial Tribunal. The proceedings are pending. The Airline is also facing criminal trial for failure to have the Internal Complaint Committee (ICC) as mandated under The sexual harassment of women at workplace Prevention,Prohibition, and Redressal Act 2013 , Law as applicable in India to investigate the complaints of Sexual Harassment made by employees. The verdict will definitely will give other women a ray of hope to seek justice in case of harassment. ”
According to the complainant (name of the complainant has been omitted to protect her identity), who was a sales executive at the Delhi office of Srilankan Airlines the accused jo people also who stopped her from filing a police complaint. Even after all the management people had assured her that they will take corrective action the accused, nothing was done. The complainant alleged that the accused, in his attempt to take revenge against her for complaining about sexual harassment committed by him, transferred her from Delhi to Kochi. The accused continuously used to harass her-while she was in Delhi after the incident and even after she joined the office in Kochi.
The accused had argued that he had been falsely implicated in the case by the complainant when she had failed to get herself transferred back to Delhi Station from Coachin where she was transferred by the company. He defended himself by alleging that the complainant had failed to explain the delay in making her first complaint and that there are no witnesses to the alleged incident.
The Court observed that immediately after the incident took place the accused had made complaint to her seniors and waited for an action to be taken against the accused and made the complaint only after realising that no action will be taken against the accused who was a senior official in the company.
-India Legal Bureau