Back
ANITA SUMANTH, G. ARUL MURUGAN
Mary Rajasekran – Appellant
Versus
University of Madras, Rep. by its Registrar – Respondent
JUDGMENT :
(Anita Sumanth, J.)
(Prayer : Appeal filed under Section 15 of the Letters Patent against order dated 25.08.2021 made in W.P.No.10364 of 2016.)
The present writ appeal is filed by the writ petitioner in W.P.No.10364 of 2016, hereinafter referred to as either writ petitioner or appellant. Her prayer in the writ petition was for a mandamus directing the Loyala College (College/R2 in writ petition) to permit her to rejoin and continue her duties as Secretary to Rector of the College/R3, with full backwages and benefits & direct the college to initiate enquiry against R5 in the writ petition based on her complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, (POSH Act) as well as compensation.
2. The Rector & the Vice-President of the College had filed W.P.No.1298 of 2021, being aggrieved by an order passed by the Tamil Nadu State Commission for Women (Commission), that had been approached by the appellant also seeking reinstatement and compensation.
3. The writ petitions were heard conjointly and a common order passed on 25.08.2021 allowing W.P.No.1298 of 2021 (filed by the Rector of the College) and dismissing the appel
A formal complaint is necessary under the POSH Act to trigger an inquiry; vague or incidental references do not suffice.
Director of an organisation is an employee if control, administration and management of affairs remain with General Body and Executive Committee and not with the Director.
The status of an institutional head as an employer versus an employee under workplace harassment legislation depends on the governance structure; where management oversight rests with an executive bo....
Offenders will get a free run. It is time that society starts taking women seriously and treat them with dignity, not out of fear of the law but out of respect. At the same time, they have to be awar....
False sexual harassment complaints under POSH Act justify disciplinary action per service rules when inquiries deem them baseless.
The judgment establishes the application of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in addressing workplace sexual harassment and emphasizes the ....
The judgment emphasizes the importance of adhering to statutory provisions, conducting fair and independent enquiries, and upholding principles of natural justice in cases of sexual harassment at the....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
