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IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV NARULA
X – Appellant
Versus
Akademi – Respondent
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, therefore, turn on two interlinked questions: whether the LCC had exclusive jurisdiction to examine the complaint, and whether the Petitioner’s discharge can withstand judicial scrutiny in light of her status as a probationer. More than a service dispute, the case speaks to wider concerns of workplace dignity for women and the responsibility of institutions in addressing allegations of sexual harassment.
2. For ease of reference, the Complainant will hereinafter be referred to as the “Petitione
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.
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....
The constitution and conduct of the Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) and the Central ....
ICC inquiry under POSH Act deemed departmental inquiry for sexual harassment; no separate CCS (CCA) Rules inquiry required for major penalty when institute policy prescribes compliant procedure; spec....
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 Bar Association does not qualify as an employer under the POSH Act, invalidating the formation of its Internal Complaints Committee and its jurisdiction.
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