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Abraham Mathai, S/o. Mathai – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
This writ petition under Article 226 of the Constitution of India was filed by the petitioner aggrieved by Ext.P5 report of the 2nd respondent and Ext.P6 proceedings issued by the 3rd respondent.
2. The petitioner is the Managing Director of the company named “Amstor Information Technology (India) Pvt.Ltd” operating from Technopark, Thiruvananthapuram. His wife was a Director. The 4th respondent was employed as an accountant-cum-manager in the company. She was appointed by the wife of the petitioner on 02.06.1997. Owing to the dereliction of duties, the 4th respondent was terminated from service with effect from 07.11.2017. She approached the Labour Court challenging her termination. The petitioner filed a suit before the Munsiff’s Court, Thiruvananthapuram to restrain the 4th respondent from trespassing into the office of the company. While so, an anonymous complaint was received by the 3rd respondent, which was forwarded to the 2nd respondent. An inquiry ensued and the 2nd respondent submitted Ext.P5 report to the 3rd respondent with the following recommendations:
A written complaint is mandatory for initiating an inquiry under the POSH Act; inquiries conducted without it are illegal.
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 ....
Absence of a written complaint under the Sexual Harassment of Women at Workplace Act nullifies the validity of the inquiry and violates principles of natural justice.
The failure to follow procedural rules in the inquiry violated principles of natural justice, rendering the Internal Complaints Committee's report invalid.
Inquiry proceedings under POSH Rules must adhere to principles of natural justice, including serving the complaint and allowing cross-examination.
The main legal point established is that the Presiding Officer of the Internal Complaints Committee must be a higher level woman officer in accordance with Section 4(2)(a) of the Sexual Harassment of....
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 Central Complaints Committee's findings on sexual harassment claims were upheld, emphasizing the importance of thorough inquiry and the principle of preponderance of probabilities in disciplinary....
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