IMPORTANT POINT
The appellate authority under the Sexual Harassment of Women at Workplace Act has the implied power to grant interim relief despite the absence of explicit provisions.

ORDER :

(S. Sunil Dutt Yadav, J.)

Petitioner has called in question the correctness of Annexure-A which is a final report of the internal committee against Sexual Harassment of Women at Workplace and has also challenged the order of transfer from Bangalore to Koppal office at Annexure-B stated to have been made pursuant to the recommendation of the Committee.

2. It is the case of the petitioner that he was appointed as a Finance Officer on contract basis and during the course of his employment, the 2nd respondent lodged a complaint against him of sexual harassment at work place, which according to him is a false complaint. It is further submitted that petitioner had filed his detailed reply to the complaint of the 2nd respondent. It is submitted that the internal committee has made out its recommendation by way of final report at Annexure-A and the employer has passed an order of transfer at Annexure-B. The petitioner submits that in the appeal filed before the Appellate Authority, an application for stay is filed and till date, no orders are passed and the Authority has merely issued notice in the appeal without considering granting an interim order of the impugned proceedings which has caused irreparable loss and injury to the petitioner.

3. Learned counsel for the petitioner would submit that in terms of the provisions under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (for short 'the Act') and under Rule 11 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (for short 'the Rules') the appellate authority has no power to consider the application for stay. Accordingly, it is submitted that the petitioner having no remedy has approached this Court invoking writ jurisdiction.

4. Issuance of notice to respondent No.2 has been dispensed with as the Court does not intend to enter into the correctness of the order at Annexures-A and B in light of the appeal already having been preferred under Section 18 of the Act before the appellate authority. However, the contention of the petitioner raised in the form of legal grievance is that, once the appeal is filed, unless the application for stay is considered by the authority, cases where genuine grievance are raised would remain unaddressed till the appeal is decided which may take time with no relief in the interregnum.

5. Section 18 of the Act reads as follows:

"18. Appeal.-(1) Any person aggrieved from the recommendations made under sub-section (2) of section 13 or under clause (i) or clause (ii) of subsection (3) of section 13 or sub-section (1) or subsection (2) of section 14 or section 17 or non-implementation of such recommendations may prefer an appeal to the court or tribunal in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist then, without prejudice to provisions contained in any other law for the time being in force, the person aggrieved may prefer an appeal in such manner as may be prescribed.

(2) The appeal under sub-section (1) shall be preferred within a period of ninety days of the recommendations."

6. Rule 11 of the Rules, 2013 reads as follows:

"11. Appeal.-Subject to the provisions of section 18, any person aggrieved from the recommendations made under sub-section (2) of section 13 or under clauses (i) or clause (ii) of sub-section (3) of section 13 or sub-section (1) or sub-section (2) of section 14 or section 17 or non-implementation of such recommendations may prefer an appeal to the appellate authority notified under clause (a) of section 2 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946)."

7. The provision under the Act and the Rules does not contain any stipulation regarding granting of interim relief. It must be noticed however that the Act does not expressly prohibit the appellate authority to pass an interim order and once the appellate authority has the power to