JUDGMENT

CM APPL. 44056/2023 CM APPL. 58234/2023 CM APPL. 8726/2024

1. Petitioner had filed the instant Writ Petition seeking directions to Respondent No.1 to ensure compliance of the Sexual Harassment at Workplace (Prevention Prohibition and Redressal) Act, 2013 (hereinafter referred to as 'the POSH Act').

2. This Court disposed of the Writ Petition vide Order dated 29.03.2023 by observing as under:

"3. In view of Section 16 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter „POSH Act‟), the name of the Petitioner shall be kept confidential and redacted. She would be referred to as the “Petitioner/aggrieved woman”.

4. The present petitioner has been filed seeking a direction to be issued to Respondent No. 1 to ensure compliance with the POSH Act and form an Internal Complaints Committee, where the Petitioner can file her complaint.

5. The grievance of the Petitioner is that she used to work in M/s Enlive Solutions (India) Pvt. Ltd. and that she had made a complaint on 24th November, 2022 to the Police Commissioner, NOIDA that the sexual harassment complaint made by the aggrieved woman was not being considered by the management and no ICC was constituted. The Petitioner is also aggrieved that no action had taken by the police in her complaint. 6. The aggrieved person, thereafter, approached the District Magistrate (DM), IP extension, Delhi on 24, February, 2023, however, it has been contended that no action has been taken by the concerned DM. Hence, the prayer is for directions to the DM to ensure that a proper ICC is constituted in the Respondent No.2/company.

7. Ld. counsel appearing for the DM submits that the details of the complaints are not available with the DM. The same have now been filed as Annexure P-2 and P-3. Ld. counsel submits that the DM would take action in accordance with law within a period of one month from today.

8. Ordered accordingly.

9. The present petition, along with all pending applications, is disposed of."

3. CM APPL. 44056/2023 has been filed by the Petitioner for implementation of the Order dated 29.03.2023. The said application came up for hearing on 25.08.2023. In the said application, it was contended by the Petitioner that after the Order dated 29.09.2023 was passed there was no communication from the Respondent and only on 03.05.2023 the first intimation was given to the Petitioner to appear before the Respondent No.1 on 10.05.2023 at 02:00 PM. It is stated that the Petitioner appeared before the Respondent No.1 on 10.05.2023 at 02:00 PM and the statement of the Petitioner was recorded by the Internal Complaint Committee (ICC) formed by the Respondent No.1. It is stated that the Petitioner was called again on 18.05.2023 and the Petitioner was informed that the Respondent would be called for investigation and a final report would be shared with her. It was contended by the Petitioner that even after a substantial amount of time has passed, no further proceedings have taken place in the matter. This Court issued notice in the said application on 25.08.2023. A short reply has been filed on behalf of the Revenue Department, GNCTD, stating that the registered office of Respondent No.2/Company at 304 Dharma Apartment Plot No.2, IP Extension, Delhi, was found not functioning. It is further stated in the said reply that the Petitioner was working in the Noida office of the Respondent No.2 company, which is beyond the jurisdiction of District Magistrate, East Delhi and, therefore, it has been recommended that the Petitioner's complaint be forwarded to District Magistrate (Gautam Buddha Nagar).

4. CM APPL. 58234/2023 has been filed by the Petitioner seeking a direction to the District Magistrate not to reveal her identity. In the said application the Petitioner had also prayed that the letter dated 01.09.2023, received from the Office of the District Magistrate, by which the complaint of the Petitioner has been transferred to District Magistrate (Gauta