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2016 Supreme(Ker) 136

A.MUHAMED MUSTAQUE
L. S. SIBU, OFFICER, APRON, GROUND SERVICES DEPARTMENT (GSD) AIR INDIA, INTERNATIONAL AIRPORT - II, CHACKAI – Appellant
Versus
AIR INDIA LIMITED, NEW DELHI – Respondent


Advocates Appeared:
For the Petitioner: SRI. N. NANDAKUMARA MENON, SR. ADVS., SRI. P.K. MANOJKUMAR, SMT. SMITHA S. PILLAI, SMT. M.C. SINY, ADVS.
For the Respondent: SRI. P. VIJAYARAGHAVAN, STATE ATTORNEY, SRI. M. GOPIKRISHNAN NAMBIAR, SRI. P. GOPINATH, SRI. P. BENNY THOMAS, SRI. K. JOHN MATHAI, SRI. JOSON MANAVALAN, SRI. KURYAN THOMAS, SRI. K. GOPALAKRISHNA KURUP, SRI. ABHISHEK KURIAN, ADVS.

JUDGMENT :

A. MUHAMED MUSTAQUE, J.

1. A question regarding the compliance of principles of natural justice has arisen in this writ petition in the context of an enquiry conducted by the Internal Complaints Committee (ICC) constituted under the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as ‘Act 14 of 2013’).

2. In view of the legal question that is involved in this writ petition, this Court is only addressing the legal issue bereft of facts involved.

3. The petitioner is working as an Officer–Apron in the Ground Services Department (GSD) of Air India Limited, Thiruvananthapuram. The ICC of Air India Limited, Southern Region received a complaint forwarded by the Airport Director. This complaint alleged to have been raised by 17 lady employees’ of Air India-SATS (AI-SATS), a joint venture company of Air India and Singapore Air Transport Services Limited. The Committee conducted an enquiry against the petitioner based on the complaint. The report of the Committee is produced as Ext.P23. The issue in this writ petition is revolved around the validity of the enquiry report, on the ground of non compliance of principles






























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