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2023 Supreme(Del) 1858

PRATHIBA M. SINGH
P – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Ms. Dr. Swati Jindal Garg, Ms. Arushi Kulshrestha, Mr. Sowmya China & Mr. Arjun, Advocates, for the Petitioner.
Ms. Pratima N. Lakra, CGSC, Mr. Apoorv Sharma & Mr. Chandan Prajapati, Advocates & Ms. Aishwarya Dobhal, G.P. for UOI.
Mr. Amish Tandon, Advocate for R-2.
Mr. Ankur Chhibber & Mr. Nikunj Arora, Advocates for R-4.

JUDGMENT

Prathiba M. Singh, J.(Oral)

1. This hearing has been done through hybrid mode.

2. The Petitioner had filed a complaint dated 5th July, 2019 to the Head of HR-IFCI Factors Ltd. alleging Sexual Harassment by a senior functionary of IFCI Factors Ltd. (hereinafter 'IFL'). Thereafter, the complaint was placed before the Managing Director-IFL who in turn forwarded the complaint with his remarks to IFCI-HR & CVO, IFCI Group to take up the matter in their Internal Complaints Committee (ICC) as the accused personnel was an employee of IFCI. However, on 10th July, 2019, the General Manager, IFCI Ltd. marked the complaint back to IFL with the following noting:

    "The complaint is from IFC/Factors Ltd (/FL) and relates to Sexual Harassment at Workplace, hence, it is submitted that IFL may be directed to redress as per the Sexual Harassment of Women at Workplace Prevention, Prohibition and Redressal) Act, 2013."

3. The ICC of IFL was formed on 30th July, 2019 and proceedings were initiated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter as 'POSH Act') against the Respondent No.4. The ICC of IFL was reconstituted on 19th A

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