Back
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 :
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.
4. The respondent was working as a Service Delivery Manager in the first respondent company since the year 2016. The respondent has been brought to enquiry before ICC twice within a span of few years of his appointment. There was an allegation of sexual harassment against him in the year 2017 and on an enquiry made by ICC, he was found guilty for his inappropriate behaviour under the PoSH Act. Even thereafter the petitioner company has received many sexual harassment complaints against the respondent from many women who are working under him. The res
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....
The court emphasized the necessity of adhering to natural justice principles, ruling that the petitioner must be given a fair opportunity to defend himself in the ICC proceedings.
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
