The main legal point established in the judgment is that complaints of sexual harassment at the workplace must be filed within the prescribed time limit, and the acts constituting sexual harassment must fall within the defined scope of the law.

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 any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:

(i) physical contact and advances.

(ii) a demand or request for sexual favours.

(iii) making sexually coloured remarks.

(iv) showing pornography.

(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

4. Constitution of Internal Complaints Committee - (1) Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the Internal Complaints Committee:

Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices.

(2) The Internal Committee shall consist of the following members to be nominated by the employer, namely:

(a) a Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees:

Provided that in case a senior level woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units of the workplace referred to in sub-section (1):

Provided further that in case the other offices or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organization.

(b) not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge.

(c) one member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment:

Provided that at least one-half of the total Members so nominated shall be women.

(3) The Presiding Officer and every Member of the Internal Committee shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the employer.

(4) The Member appointed from amongst the nongovernmental organisations or associations shall be paid such fees or allowances for holding the proceedings of the Internal Committee, by the employer, as may be prescribed.

(5) Where the Presiding Officer or any Member of the Internal Committee:

(a) contravenes the provisions of Section 16.

(b) has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him.

(c) he has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him.

(d) has so abused his position as to render his continuance in office prejudicial to the public interest, such Presiding Officer or Member, as the case may be, shall be removed from th