Bombay High Court holds that a shared public autorickshaw used for an office commute does not constitute a “workplace” under the POSH Act

In the case of Siddhesh Pradeep Satpute v. SBI, (2026 SCC OnLine Bom 3824) (Bombay High Court, 16 June, 2026) an employee of the State Bank of India, travelled daily from railway station to his office in a shared autorickshaw. On one such occasion, an altercation broke out between the Petitioner and a co-passenger, who alleged that he had inappropriately touched her and subsequently lodged a complaint of sexual harassment with the Internal Complaints Committee (“ICC”) of her employer, which was in turn forwarded to the ICC constituted by the Petitioner’s employer. The ICC found the Petitioner guilty and recommended disciplinary action, following which the Petitioner approached the Bombay High Court challenging the ICC’s jurisdiction to entertain the complaint. 

The issue before the Division Bench was whether the alleged incident, which occurred in a shared public autorickshaw during the Petitioner’s commute to office, took place at a “workplace” within the meaning of Section 2(o) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”). The Court noted that Section 2(o)(v) extends the definition of “workplace” to any place visited by an employee arising out of or during the course of employment, including transportation provided by the employer for undertaking such a journey, but this extension is confined to transportation arranged or provided by the employer. 

Since the shared autorickshaw had not been arranged or provided by either the Petitioner’s employer or the co-passenger’s employer, the Court held that the transportation did not fall within Section 2(o)(v), and consequently, the alleged incident had not occurred at a “workplace.” The Court accordingly held that the ICC had no jurisdiction to entertain the complaint, and set aside its order, while clarifying that it had not adjudicated the merits of the allegations, which remain open to be examined in an appropriate proceeding. The Court further observed that an ICC must first determine the existence of a workplace nexus as a jurisdictional question, and only thereafter proceed to inquire into the merits of a complaint. 

Ministry of Labour and Employment notifies the Employees’ Deposit Linked Insurance Scheme, 2026, superseding the Employees’ Deposit-Linked Insurance Scheme, 1976. 

The Ministry of Labour and Employment, through Notification G.S.R. 526(E) dated June 29, 2026, has notified the Employees’ Deposit Linked Insurance Scheme, 2026 (“EDLI Scheme”) under clause (c) of sub-section (1) of Section 15 of the Code on Social Security, 2020, in supersession of the Employees’ Deposit-Linked Insurance Scheme, 1976. The EDLI Scheme applies to employees of every establishment to which Chapter III of the Code applies, and the net assets of the erstwhile 1976 scheme stand vested in, and transferred to, the Insurance Fund constituted under the new Scheme. 

Under the Employees’ Deposit Linked Insurance (EDLI) Scheme, 2026, employers must contribute to the Insurance Fund based on employees’ wages, subject to the prescribed wage ceiling and deposit both the contribution and administrative charges electronically within 15 days after the end of each month. These contributions cannot be recovered from employees’ wages.  

Where a member dies while in service, their nominee or legal heir is entitled to an assurance benefit, the amount of which depends on the employee’s provident fund balance, wages, and length of service, with the Scheme prescribing both minimum and maximum benefit limits. Defaulting employers who fail to make timely contributions may be liable to damages at the rates specified under the Employees’ Provident Funds Scheme, 2026. 

Establishments may seek exemption from the EDLI Scheme by obtaining an IRDAI-approved group insurance policy that provides benefits more favourable than the Scheme, subject to prescribed conditions. Claims for assurance benefits must be settled within 20 days of receiving a complete application, and delays without sufficient cause attract interest at 12% per annum, recoverable from the responsible Commissioner. 

Last Updated on 24 July, 2026