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ARINDAM LODH
Rekha Das, Scientist (Level 10), W/o Sri Himanshu Priyadarshi – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
By way of filing the present petition, the petitioner has urged to invoke the jurisdiction of this court under Article 226 of the Constitution of India to resolve her grievance in consonance with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
2. The petitioner joining at the Agricultural Research Service under Indian Council of Agricultural Research Centre [ICAR] was posted at ICAR Complex for North Eastern Hills Region, Tripura Centre. During her service she submitted a complaint on 05.12.2018 alleging sexual harassment as contemplated under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [for brevity, here-in-after referred to as Act of 2013]. Internal Complaints Committee submitted report wherein the Committee recommended the exoneration of respondent No.6. Against such recommendation, the petitioner preferred an appeal under Section 18(1) of the Act of 2013. Since the said statutory appeal is not disposed off, the petitioner has approached this court by way of invoking the jurisdiction of this court under Article 226 of the Constitution of India
Point of Law : Employment and Service matter - Disciplinary matters - Prohibition of sexual harassment of working women - Jurisdiction - Grievance of petitioner falls within the ambit of “disciplinar....
The definition of 'service matter' excludes disputes not directly related to the conditions of service, allowing the High Court to entertain appeals regarding sexual harassment complaints under the A....
The constitution and conduct of the Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) and the Central ....
The court emphasized that an employer must await the Internal Complaints Committee's recommendation during an inquiry before transferring an employee involved in a sexual harassment complaint, as per....
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 main legal point established is that the Presiding Officer of the Internal Complaints Committee must be a higher level woman officer in accordance with Section 4(2)(a) of the Sexual Harassment of....
The terms and conditions of employment of both the petitioner and the respondent No.7 crystallized with the acceptance of the appointment letter dated March 25, 2013 in case of the applicant/writ pet....
The judgment establishes the application of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in addressing workplace sexual harassment and emphasizes the ....
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