AKIL KURESHI, S. G. CHATTOPADHYAY
Rekha Das – Appellant
Versus
Union of India – Respondent
JUDGMENT
Akil Kureshi; CJ.:--
This appeal is filed by the original petitioner to challenge the judgment of the learned Single Judge dated 17th May 2021 passed in WP(C) No.243/2021. A short prayer of the petitioner for expeditious disposal of her appeal against the report of the Internal Complaints Committee (“ICC” for short) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter to be referred to as “the Act of 2013”), has run into jurisdictional debate. In order to decide whether this seemingly innocuous prayer of the petitioner can be granted by the High Court, we shall have to cross the threshold question of maintainability of her petition.
[2] As briefly as possible, the relevant facts may be narrated :
The petitioner is employed as a Scientist in the Indian Council of Agricultural Research (ICAR), a Government of India organization. The respondent No.6 is the Joint Director of the same organization (hereinafter to be referred to as “the private respondent”). On 5th December 2018, the petitioner made a complaint to the Director of ICAR against the respondent No.6 making detailed allegations of her mental and physical harassm
H Mukherjee vs. S K Bhargava (1996) 4 SCC 542
L. Chandrakumar vs. Union of India and Ors. (1997) 3 SCC 261
Lieutenant Colonel Vijaynath Jha vs. Union of India and Ors. (2018) 7 SCC 303
Medha Kotwal Lele and Ors vs. Union of India and Ors. (2013) 1 SCC 297
Seema Lepcha vs. State of Sikkim and Ors. (2013) 11 SCC 641
Vishaka and Ors. vs. State of Rajasthan and Ors. (1997) 6 SCC 241
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....
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 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 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 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 employer's duty to provide a safe working environment and the jurisdiction of the Internal Complaints Committee were central to the court's decision.
The Secretary, as an employer under the Sexual Harassment Act, lacks jurisdiction to defend against sexual harassment complaints, which must be heard by a Local Committee.
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 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 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....
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