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2021 Supreme(P&H) 391

ANIL KSHETARPAL
Vivek Tyagi – Appellant
Versus
State of Haryana – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Lakhwinder Singh Sidhu, Mr. Shailender Singh Momi, Mr. R.S. Rai, Ms. Rubina Virmani, Mr. Rajinder Singh, Mr. Digvijay Singh.
For the Respondents: Ms. Kirti Singh, Mr. Manish Singla.

JUDGMENT :

ANIL KSHETARPAL, J.

1. Through this judgment, CWP Nos. 32707, 32708 and 32712 of 2019 shall stand disposed of.

2. All these writ petitions have arisen from a complaint made to the Local Committee constituted under Section 6 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal Act, 2013) (hereinafter referred to as ‘the Act of 2013’). Learned counsel for the parties are ad idem that these three writ petitions can be conveniently disposed of by a common judgment.

3. Detailed facts are not required to be given, however, to understand the dispute, some skeleton facts are being narrated. Respondent no. 4 filed a complaint with the Local Committee on 18.09.2019 alleging sexual harassment at the hands of certain officers of the petitioner company in one of the writ petition. As per the complaint, the last incident of sexual harassment is alleged to have happened on 03.11.2018. After her resignation from the job on 16.01.2019, her full and final settlement took place on 11.06.2019.

4. At this stage, it would be appropriate to notice Section 2 (n), 4, 6 and 9 of the Act of 2013, which are extracted as under:-

    “Section 2(n) “sexual harassment” includes a

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