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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.N.MANJULA
HCL Technologies Ltd. – Appellant
Versus
N.Parsarathy S/o. Late N.L.Narasimhan – Respondent
| Table of Content |
|---|
| 1. assessment of sexual harassment complaints and icc inquiry findings. (Para 3 , 4 , 5 , 13 , 15 , 16 , 17 , 18 , 19 , 20 , 33) |
| 2. parties' submissions and procedural history of appeals and challenges. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 3. legal principles on natural justice, standards of fairness in icc inquiries, and judicial review scope. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
ORDER :
This writ petition has been filed challenging the order of the Principal Labour Court, Chennai dated 11.12.2016 made in Standing Order Appeal No.1 of 2018.
2. The above Standing Order Appeal has been preferred by the respondent to set aside the recommendations of Internal Complaints Committee of the petitioner's company furnished to him on 30.08.2018.
3. The respondent joined in the petitioner's company as an Associate General Manager in pursuant to the appointment letter dated 28.03.2016. The petitioner's company has got Internal Complaints Committee (in short “ICC”) constituted under the provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (in short “PoSH Act”) in order to look into the compla
Judicial review of ICC inquiries under the PoSH Act is limited to ensuring procedural fairness, allowing flexible application of natural justice suited to complaint sensitivity without imposing rigid....
The Internal Complaints Committee must conduct inquiries properly as mandated by law, ensuring timely redressal of complaints of sexual harassment in the workplace.
The court emphasized that procedural safeguards and principles of natural justice must be strictly adhered to in disciplinary inquiries against probationers, including the right to be heard and to cr....
The inquiry by the Internal Complaints Committee (ICC) is a full-fledged enquiry, and the recommendations of the ICC report, if finalized, are binding upon the employer. The employer is obligated to ....
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....
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