The Act, being a Parliamentary Act, holds supremacy over subordinate legislation such as UGC's Regulations. In case of any repugnancy, the Parliamentary Act prevails. The composition of the Internal Complaints Committee must comply with the Act, and any additional regulations must be read in consonance with the Act.

JUDGMENT

Anil Kshetarpal, J. - Through this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner assails the correctness of constitution of the Internal Complaints Committee formed under Section 4 of the Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal) Act, 2013 (in short 'the Act').

2. Keeping in mind the nature of the controversy involved, it would not be appropriate to set out the detailed facts. However, in order to complete the narration of facts, some skeleton facts are being noticed. The petitioner has been working as an Assistant Professor of English in the respondent-University since the year 2007. The respondent-University is a State University established and incorporated under the Rajiv Gandhi National University of Law, Punjab Act, 2006.

3. After the judgment passed by the Hon'ble Supreme Court in Vishaka and others VS. State of Rajasthan and others, (1997) 6 SCC 241, the Parliament enacted 'the Act'. The complaint of the petitioner is that one of her senior colleagues had scribbled derogatory and lewd remarks on the wall of her office.

4. Section 4 of the Act mandates every employer employing 10 workers or more to constitute an Internal Complaints Committee. The members of the Committee are required to be selected in accordance with Section 4, which is extracted as under:-

"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 Committees 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 organisation;

(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; or

(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; or

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

(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 the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this sectio