ORDER :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to take appropriate action against the second respondent to ensure the implementation of the POSH Act, 2013 in the second respondent's establishment at Pondicherry, consequently direct the second respondent to act on the petitioner's compliant dated 21.02.2020 in accordance with POSH Act, 2013 and not to dispense with the service of the petitioner pending the enquiry under POSH Act, 2013, without due process of law.)

1. The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the first respondent to take appropriate action against the second respondent to ensure the implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (for short, POSH Act) in the second respondent's establishment at Pondicherry, and consequently direct the second respondent to act on the petitioner's compliant dated 21.02.2020 in accordance with POSH Act, 2013 and not to dispense with the service of the petitioner pending the enquiry under POSH Act, 2013, without due process of law.

2. The case of the petitioner is that she was appointed as Unit HR Manager in the second respondent's Detergent manufacturing factory at Vadamangalam and personal products manufacturing factory at Vadamangalam, Puducherry. According to her, the second respondent had given three strong appraisal rating for the year 2018 and she was also awarded numerous certificates and trophies for outstanding performance as the leader of the Human Resources Department (HRD).

3. According to the petitioner, trouble started when one Mr. Velu C.S., Factory Manager, who was transferred from Haridwar HUL Factory to Pondicherry HPC, HUL-HPC in January 2019. According to her, the said Mr. Velu started misusing his power by targeting the petitioner and harassing her and preventing her from discharging her normal duties. It is the further averment of the petitioner in the affidavit that he was constantly involved in bullying and shaming her, calling her and defaming her as useless and unfit to work in the organisation.

4. Unable to bear the harassment meted out to her by the said Factory Manager, the petitioner has reported about the harassment and ignominy suffered by her, to the higher authorities. A complaint was also registered through a mail on 13.12.2019. However, there was no action forthcoming in response to her complaint and no action has been also taken against the person concerned. According to her, the harassment continued day-in and day-out, and the petitioner was being bullied constantly at the instance of the said Manager. As there was no action forthcoming from the Management despite her repeated complaints under the POSH Act, she has come up with the present Writ Petition for the relief stated supra.

5. In response to the Writ Petition, a preliminary counter affidavit has been filed on behalf of the second respondent-Company.

6. The learned counsel for the petitioner submitted that there was no action taken against the complaint given under the POSH Act, 2013, and therefore, the petitioner was constrained to file the present Writ Petition. According to the learned counsel, the counter affidavit filed on behalf of the second respondent did not meet the averments contained in the affidavit filed in support of the Writ Petition and it was an evasive counter affidavit, which ought not to be accepted by this Court. In fact, the learned counsel kept repeating the same statement contending that the Management must be directed to file counter affidavit on merits and ought not be allowed to file the present counter affidavit, which is unacceptable to his client.

7. When this Court repeatedly encountered him and confronted the learned counsel for the petitioner stating that there are certain facts which are narrated in the counter affidavit, dated