The SC bench consisting of Justice HK Sema and Justice Markandey Katju pronounced the judgment this morning.
The apex court dismissed a plea submitted by Som Mittal that company chiefs were not responsible for the security of their staff.
The case pertains to filing of a First Information Report filed by the Karnataka police against Mittal in the Pratibha murder case.
Earlier in the month, the court had dismissed Mittal’s plea seeking quashing of the FIR against him.
Mittal was the Director of Hewlett Packard Global Software Ltd when Pratibha, who was employed at a BPO run by his company in Bangalore, was raped and murdered by a cab driver contracted by the company on the night of December 13, 2005.
The Karnataka Government ban order of 2002 has a caveat that if the company decides to put women in nightshift, they should provide transport facility to office and back home and also security during the travel.
It was alleged that though the BPO provided the transport facility, it had not made provision for a security staff in the vehicle.
The Nasscom Chief has been charged under Sections 25 and 30(3) of the Karnataka Shops and Commercial Establishments Act 1961.
He has been charged with showing laxity in ensuring the safety of women workers deployed in night shifts.
Though the maximum punishment under the shops and establishment Act, under which Mittal is charged, may be a fine of Rs 1000 or so, the Apex Court judgment sets precedence for safety of ITeS employees in the country.
cmn@cybermedia.co.in
Related links
Pratibha murder: SC turns down Mittal plea
Pratibha murder: Case against HP GlobalSoft