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DELHI HIGH COURT
PRATHIBA M.SINGH
Rashi – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. complaint of sexual harassment against a senior officer. (Para 4 , 5 , 6) |
| 2. arguments regarding the reconstitution of icc. (Para 7 , 8 , 9 , 10 , 11) |
| 3. need for impartial icc. (Para 12 , 13 , 22) |
| 4. criteria for icc composition and impartiality. (Para 14 , 24) |
| 5. importance of independent inquiry in workplace harassment. (Para 25 , 28 , 29 , 34 , 35) |
| 6. court's directive for independent review committee. (Para 30 , 37 , 39) |
JUDGMENT
Prathiba M. Singh, J. This judgment has been pronounced through video conferencing.
CM APPL. 15774/2020 (for early hearing) in W.P. (C) 3396/2019
2. This application has been filed by Respondent No.1, praying for the petition to be heard on the scheduled date i.e., 21st July, 2020. Since the matter was taken up on 21st July, 2020, this application is disposed of as infructuous.
REVIEW PET.46/2020 & CM APPL. 4190/2020 (for stay) in W.P. (C) 3396/2019
3. The present review petition has been filed seeking review of the order/judgment dated 6th December, 2019 passed by this Court by which the writ was disposed of with the following directions:
"9..Accordingly, the following directions are issued:
i. The ICC shall now be constituted strict
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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