Railway Employees Cooperative Credit Society Ltd v. The Appellate Authority and Others, 2026
The Court expanded the scope of writ jurisdiction by emphasising enforcement of public duty over the technical classification of “State.”
Judgement Details
Court
Madras High Court
Date of Decision
13 February 2026
Judges
Justice Bharatha Chakravarthy
Citation
Acts / Provisions
Facts of the Case
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The employee had been working in the management since 1994.
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In 1998, a newly appointed Assistant Secretary transferred her under his direct control and allegedly began behaving indecently with her.
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In 2001, unable to tolerate the harassment, she made an oral complaint to the Chairman.
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The Chairman conducted an enquiry and temporarily removed the Assistant Secretary’s administrative powers.
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Within two months, those powers were restored, and the employee allegedly faced a hostile work environment.
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An internal enquiry committee was formed, but the employee alleged bias and rude conduct by committee members.
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She subsequently approached the National Commission for Women (NCW), which found the sexual harassment charges proved and recommended departmental action.
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Meanwhile, the management issued charge memos against the employee alleging non-performance of duty and misconduct.
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The employee contended that these charges were a retaliatory measure and an act of victimisation.
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The management challenged the maintainability of the writ petition, arguing that being a Co-operative Society, it was not “State” under constitutional law.
Issues
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Whether a writ petition under Article 226 is maintainable against a Co-operative Credit Society in matters concerning sexual harassment at workplace?
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Whether the management failed in its public duty to protect a woman employee from sexual harassment?
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Whether the issuance of charge memos amounted to victimisation as a consequence of filing complaints before statutory bodies?
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Whether the employee was entitled to retirement benefits and back wages despite the disciplinary proceedings?
Judgement
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The Court held that matters concerning prevention of sexual harassment at workplace fall within the realm of public duty.
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It ruled that even if the society is not strictly “State,” a writ petition is maintainable where enforcement of public duty is involved.
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The Court criticised the Chairman’s conduct, observing that it reflected “unconscious incompetency” shaped by a misogynistic mindset.
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It found that the management mishandled the complaint and failed to ensure a safe working environment.
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The Court observed that repeated charge memos appeared to be retaliatory and linked to the employee pursuing remedies before bodies such as the NCW.
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The Court noted that the employee had reached the age of superannuation, and prolonged proceedings were unjustified.
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It directed the management to pay all retirement benefits with 6% interest.
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Additionally, the Court granted 60% of back wages to the employee.
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The judgment effectively ended a 25-year legal battle.
Held
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The writ petitions were maintainable.
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The management failed in its public duty to prevent sexual harassment.
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The employee was entitled to retirement benefits with interest.
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The employee was entitled to 60% back wages.
Analysis
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The Court expanded the scope of writ jurisdiction by emphasising enforcement of public duty over the technical classification of “State.”
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It reinforced that protection of women from sexual harassment is a constitutional obligation.
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The judgment underscores that workplace harassment cases cannot be trivialised as mere internal disputes.
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It highlights the judiciary’s intolerance toward institutional victimisation of complainants.
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By awarding partial back wages, the Court balanced equitable relief with the circumstances of prolonged litigation.
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The decision strengthens accountability of even Co-operative Societies in matters involving fundamental rights and dignity of women employees.