The main legal point established in the judgment is the requirement for the appropriate Government to develop awareness programs and publicize the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013, including the details of the Appellate Authority in all communications regarding complaints of sexual harassment at the workplace.

ORDER :

S. MANIKUMAR, J.

On this day, when the matter came up for hearing, inviting attention of this Court to letter dated 5.3.2022, issued by the Director of Women & Child Development, to all the District Women and Child Development Officers and Sub Offices, Mr. V. Manu, learned Senior Government Pleader submitted that directions have been issued on the above, as regards the constitution of the appellate authority, and that as the nodal agency to implement the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013, the Director of Women & Child Development has directed them to include the details of Appellate Authority in all the communications regarding the complaints of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013. Thus, Mr. V. Manu, learned Senior Government Pleader submitted that even before the request for amending the prayer is considered by this court, awareness about creation of the appellate authority, has already been done.

2. He further submitted that the mandate under Section 24 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013, has already been carried out by creating sufficient awareness, which fact has been detailed in the statement of facts dated 3.2.2022, filed in W.P(C). No.28156 of 2021.

3. Section 24 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013, reads as under :

“24. Appropriate Government to take measures to publicise the Act.-The appropriate Government may, subject to the availability of financial and other resources, -

(a) develop relevant information, education, communication and training materials, and organise awareness programmes, to advance the understanding of the public of the provisions of this Act providing for protection against sexual harassment of woman at workplace;

(b) formulate orientation and training programmes for the members of the Local Complaints Committee.”

4. Letter dated 5.3.2022 issued by the Director, Department of Women & Child Development, reads thus:

“WECS-3002/2022

Women & Child Development Directorate,

Poojappura, Thiruvananthapuram

Date 05/03/2022

E-mail : directorate.wcd@kerala.gov.in

Ph-0471-2346534

Director,

Department of Women & Child Development

All District Women & Child Development Officers

All sub offices

Sir,

Sub: Women & Child Development - Sexual Harassment of Women at Work Place (Prevention, Prohibition & Redressal) Rules, 2013 Section 11 Appeal- Reg.

Ref: (1) Sexual Harassment of Women at Workplace Pevention, Prohibition & Redressal) Rules, 2013.

(2) GO(MS) No.66/2016/LBR dated 07/04/2016 (SRO No.327/2016).

Any person aggrieved from the recommendations made under sub-section (2) of Section 13 or under clause(i) or clause(ii) of sub-section (2) of Section 14 or Section 17 or non-implementation of such recommendations may prefer an appeal to the Tribunal in accordance with the provision of service rules applicable to the said person or where no such service rules exist may prefer an appeal to the Appellate Authority notified under clause(a) of Section 2 of the Industrial Employment (Standing orders) Act 1946 (20 of 1946). In exercise of the powers conferred by clause (a) of Section 2 of the Industrial Employment (Standing Orders) Act 1946, Government of Kerala have notified Appellate Authorities as per reference (2).

As the nodal agency to implement the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013, it is directed to include the details of Appellate Authority in all the communications regarding the complaints of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013.

Encl: Copy of GO(MS) No.66/2016/LBR dated 07/04/2016.

Yours Sincerely,

Sd/-

For Director of Women & Child Development”

5. For the purpose of record in W.P(C).No.28156 of 2021, learned Senior Government Pleader is directed to file a memo in W.P(C). No.5310 of 2022 adopting the