Is Your Daily Commute a "Workplace" under the POSH Act?

The Bombay High Court, in Siddhesh Pradeep Satpute v. State Bank of India & Ors., has clarified an important aspect of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("POSH Act") — whether an employee's daily commute can be regarded as a "workplace".

The case arose from an allegation of sexual harassment during a commute in a shared public autorickshaw. The employer's Internal Committee ("IC") conducted an inquiry into the complaint. The employee challenged the proceedings, contending that the IC lacked jurisdiction as the alleged incident had not occurred at a "workplace" under the POSH Act.

The Court observed that while the definition of "workplace" includes transportation, it specifically refers to transportation provided by the employer. Since the autorickshaw in the present case:

• was a shared public vehicle;

  
  

• was not arranged or provided by the employer; and

  
  

• was outside the employer's control,

it did not qualify as a "workplace" under the POSH Act.

Accordingly, the Court held that the IC lacked jurisdiction and set aside its findings.

Key Takeaways

1. An Internal Committee's jurisdiction is not automatic — it must first determine whether the alleged incident occurred at a "workplace" under the POSH Act or not.

2. Employer-provided transportation may qualify as a workplace, whereas public transport or private commuting arrangements generally would not.

3. Employers should ensure that Internal Committees assess jurisdiction at the outset before proceeding with an inquiry.

4. Even where the POSH Act does not apply, an aggrieved person may still have remedies under criminal law or other applicable legal frameworks.

This judgment provides important clarity on the scope of the POSH Act and reinforces that an employee's daily commute is not automatically a workplace. Whether the Act applies will depend on the statutory definition of "workplace", with employer-provided transportation remaining a key determining factor.