Merely Passing Remark, Singing Song About Female Colleague's Hair is not Sexual Harassment

The Bombay High Court set aside the Industrial Court’s ruling and HDFC Bank’s ICC findings against a bank employee accused of workplace sexual harassment under Section 2(n) of the POSH Act, 2013.

In 2022, during a training session, an employee joked about a female colleague’s long hair and sang "Yeh Reshmi Zulfein" and later made an inappropriate remark about a male colleague’s private parts in the presence of women. 

HDFC Bank’s ICC found him guilty, and the Pune Industrial Court upheld this decision in July 2024.

The Bombay HC ruled that his remarks lacked sexual intent, setting aside both decisions.