Redefining Workplace Safety: Gig Workers Gain Protection Under The POSH Act

The Karnataka High Court, in its judgment dated September 30, 2024, in the matter of Ms. X v. Internal Complaints Committee, ANI Technologies Private Limited & Others, examined pivotal questions surrounding the applicability of the Prevention of Sexual Harassment at Workplace Act, 2013 ("POSH Act") and the employer-employee relationship in the gig economy. The petitioner, dissatisfied with OLA's handling of her grievance, first filed a criminal complaint and subsequently raised a complaint under Section 9 of the POSH Act through email. However, the email bounced back on OLA's contention that its sexual harassment policy excluded non-employees, and its ICC lacked jurisdiction over such complaints. Additionally, OLA argued that the aggressor was an impersonator not registered as a driver with the company. The petitioner then sought relief by filing a writ petition under Article 226 of the Constitution.