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S. SUNIL DUTT YADAV
Nagaraj G. K. , S/o. Karibasappa – Appellant
Versus
Hon'ble Addl. Labour Commissioner Appellate Authority Under Posh Act, 2013, Diary Circle, Bengaluru - 560 029 – Respondent
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
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.
The authority mandated to consider appeals under the Sexual Harassment Act must be recognized; appeals outside this authority are invalid.
The court upheld that appeals under the Sexual Harassment Act must be directed to the designated statutory authority, reinforcing that orders made without jurisdiction are void.
The court held that complaints under the Sexual Harassment Act must follow established procedural rules, and if norms of natural justice are breached, the recommendations may be invalid despite alter....
Inquiries under the Sexual Harassment Act must be conducted where witnesses reside to ensure fairness, and parties must exhaust appellate remedies before seeking judicial review.
Point of Law : Employment and Service matter - Disciplinary matters - Prohibition of sexual harassment of working women - Jurisdiction - Grievance of petitioner falls within the ambit of “disciplinar....
The definition of 'service matter' excludes disputes not directly related to the conditions of service, allowing the High Court to entertain appeals regarding sexual harassment complaints under the A....
An appeal against an interim order is not maintainable; the appellant must file an application for vacation of the order.
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