ANI Technologies, which operates Ola cabs, has requested the Karnataka High Court to dismiss a petition seeking action against an Ola driver under the Sexual Harassment of Women at Workplace (POSH) Act. The petition was filed by a woman who alleged sexual harassment by an Ola driver in 2018.
Senior Advocate Dhyan Chinnappa, representing Ola, argued that the drivers are independent contractors and not employees of the company. Therefore, they cannot be prosecuted under the POSH Act, which is applicable to workplace employees. Chinnappa also noted that the driver involved had been blacklisted by Ola, but the company should not be held responsible for the driver’s individual actions.
Chinnappa emphasized that Ola’s role is that of an intermediary, similar to online marketplaces like Amazon, and does not extend to direct employment or control over drivers. He argued that holding Ola accountable under the POSH Act would be an extreme interpretation of the law.
The woman’s complaint detailed an incident in which the driver allegedly engaged in inappropriate behavior during a cab ride, including watching pornographic content and masturbating in front of her. Despite the driver being blacklisted and sent for counseling, the woman felt that Ola failed to take adequate action, prompting her to file a police complaint and subsequently a petition in the High Court.
Counsel for the petitioner contested Ola’s claim, arguing that customers trust the safety assurances of cab aggregators like Ola and should not be left unprotected. Justice Kamal observed that comparing Ola to an online marketplace might not be entirely appropriate in cases involving physical or sexual harassment.
The Court also criticized the State government for not adequately addressing the woman’s complaint. Orders on the matter have been reserved.
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