BENGALURU: In a temporary relief for ride-hailing company Ola , a division bench of Karnataka high court on Friday stayed the single-bench order that directed the company to pay a penalty of Rs 5.5 lakh, including legal expenses, to a woman who had filed a complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, (PoSH), alleging Ola had failed to act on her plaint after one of its drivers sexually harassed her.
On Sept 30, 2024, the single bench had also ruled that a driver of the transport aggregator is an "employee" of the company. However, the senior advocate appearing for Ola argued in court that Ola drivers are not employed by the ride-hailing company.
The case dates to August 23, 2018, when a woman rider complained she was sexually harassed by the driver during her ride on an Ola cab from Yelahanka to J P Nagar here. She said she noticed the driver watching a pornographic video clip on his mobile phone, even as he was masturbating.
The vacation division bench, comprising Justices S R Krishna Kumar and M G Uma, issued the stay order after senior advocate Dhyan Chinnappa, appearing for M/s ANI Technologies Pvt Ltd, the company that runs Ola, argued: "The single judge/bench concluded that there is an employee-employer relationship. [But] we don't employ the drivers. The drivers employ Ola … Drivers are independent contractors."
Chinnappa further argued that the appellant company was primarily concerned with the applicability of the PoSH Act and added that the compensation amount would be deposited.
The court, while issuing notices to various respondents, posted the matter for further hearing on October 28.
On Sept 30, 2024, the single bench had also ruled that a driver of the transport aggregator is an "employee" of the company. However, the senior advocate appearing for Ola argued in court that Ola drivers are not employed by the ride-hailing company.
The case dates to August 23, 2018, when a woman rider complained she was sexually harassed by the driver during her ride on an Ola cab from Yelahanka to J P Nagar here. She said she noticed the driver watching a pornographic video clip on his mobile phone, even as he was masturbating.
The vacation division bench, comprising Justices S R Krishna Kumar and M G Uma, issued the stay order after senior advocate Dhyan Chinnappa, appearing for M/s ANI Technologies Pvt Ltd, the company that runs Ola, argued: "The single judge/bench concluded that there is an employee-employer relationship. [But] we don't employ the drivers. The drivers employ Ola … Drivers are independent contractors."
Chinnappa further argued that the appellant company was primarily concerned with the applicability of the PoSH Act and added that the compensation amount would be deposited.
The court, while issuing notices to various respondents, posted the matter for further hearing on October 28.
