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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ
E. Shanavas Khan, S/o. Ebrahim Kutty – Appellant
Versus
Kollam Bar Association, Represented By Its Secretary – Respondent
| Table of Content |
|---|
| 1. petitioner's situation regarding bar association membership and allegations. (Para 2 , 4) |
| 2. key sections of the posh act relevant to the case. (Para 5 , 7 , 8) |
| 3. arguments presented by the petitioner regarding jurisdiction. (Para 9 , 10 , 11 , 12 , 14) |
| 4. counterarguments from the bar association and icc. (Para 16 , 18 , 19) |
| 5. defense of icc constitutionality by the bar association counsel. (Para 21 , 22 , 23) |
| 6. legal discourse regarding maintainability and jurisdiction. (Para 33 , 34 , 35 , 37) |
| 7. court's legal conclusions regarding the icc's legitimacy. (Para 39 , 40 , 44) |
| 8. final disposal of the writ petition. (Para 45) |
JUDGMENT :
The primary issues to be considered in this Writ Petition are the legality of the constitution of the Internal Complaints Committee (‘ICC’ for short) under the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (for short, the POSH Act), the enquiry conducted by the said committee, and the challenge to the suspension order issued against the petitioner by the Kollam Bar Association.
The petitioner and the 3rd respondent are members of the Kollam Bar Association, the 1st respondent,
The constitution of an Internal Complaints Committee under the POSH Act requires a workplace as defined by the Act; a Bar Association does not qualify as an employer, rendering its ICC constitution v....
The Bar Association does not qualify as an employer under the POSH Act, invalidating the formation of its Internal Complaints Committee and its jurisdiction.
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 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 Internal Complaints Committee must conduct inquiries properly as mandated by law, ensuring timely redressal of complaints of sexual harassment in the workplace.
An external member of an Internal Complaints Committee does not constitute a client-advocate relationship; therefore, allegations of professional misconduct under the Advocates Act are unfounded.
A written complaint is mandatory for initiating an inquiry under the POSH Act; inquiries conducted without it are illegal.
The Bar Council lacks the authority to impose interim suspension on an Advocate pending disciplinary proceedings, as per the Advocates Act, 1961, which mandates adherence to due process and principle....
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