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IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV NARULA
X – Appellant
Versus
Akademi – Respondent
| Table of Content |
|---|
| 1. allegations of sexual harassment and wrongful termination (Para 1 , 3 , 4 , 6 , 7) |
| 2. jurisdiction of the local complaints committee (Para 2 , 5 , 18 , 28) |
| 3. jurisdictional determination of the secretary's role (Para 9 , 11 , 14 , 22) |
| 4. authority and responsibilities under the posh act (Para 15 , 17 , 19 , 20) |
| 5. procedural irregularities in discharge of probation (Para 30 , 31 , 32 , 33) |
| 6. conclusions on jurisdiction and illegality of discharge (Para 100 , 103 , 106 , 109) |
JUDGMENT :
SANJEEV NARULA, J.:
1. This case traces the ordeal of a woman employed on probation at the Sahitya Akademi, India’s national academy of letters. She alleges that she was subjected to sexual harassment at the hands of its Secretary. Taking the view that the Akademi’s Internal Complaints Committee, [“ICC”] lacked jurisdiction, she approached the Local Complaints Committee., [“LCC”] Soon thereafter, while her grievance was pending consideration, her services were abruptly terminated. The Akademi, for its part, contends that her probation ended upon an assessment of her suitability and that the discharge was in accordance with the terms of contract of employment. The present proceedings, the
The LCC has exclusive jurisdiction to inquire into sexual harassment complaints against an 'employer', defined broadly to include those holding managerial roles, thereby reinforcing workplace safety ....
The Secretary, as an employer under the Sexual Harassment Act, lacks jurisdiction to defend against sexual harassment complaints, which must be heard by a Local Committee.
The employer's duty to provide a safe working environment and the jurisdiction of the Internal Complaints Committee were central to the court's decision.
Director of an organisation is an employee if control, administration and management of affairs remain with General Body and Executive Committee and not with the Director.
The status of an institutional head as an employer versus an employee under workplace harassment legislation depends on the governance structure; where management oversight rests with an executive bo....
The jurisdiction of the Internal Complaints Committee under the POSH Act extends beyond the respondent's workplace, allowing for inquiries at the aggrieved woman's workplace, thus upholding the Act's....
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