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AKIL KURESHI, S. G. CHATTOPADHYAY
Rekha Das – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. sexual harassment complaint initiated by employee. (Para 2) |
| 2. jurisdictional issues regarding service matters. (Para 3 , 4) |
| 3. defining 'service matter' and its implications. (Para 5) |
| 4. details on legislative framework governing service matters. (Para 6 , 8 , 9) |
| 5. context of legislation addressing workplace harassment. (Para 10 , 11 , 12) |
| 6. procedure for handling complaints of sexual harassment. (Para 13 , 14 , 15) |
| 7. compensation determination for harassment claims. (Para 16 , 17) |
| 8. broader consequences beyond disciplinary actions. (Para 18 , 19 , 20 , 21 , 22) |
| 9. interpretation of legal definitions relating to service matters. (Para 23 , 24 , 25 , 26) |
| 10. judgment correcting lower court's legal error. (Para 27) |
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
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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