Citation: Linda Eastwood v Union of India and Ors. (Delhi High Court WP 1904 of 2013) Highlights: ICC was reconstituted as the previous ICC was not in compliance with the POSH Act. Facts: The Petitioner filed the petition in order for the court to order the employer to take action based on the findings of the ICC.… Continue reading ICC to be reconstituted if not in compliance with the POSH Act: Delhi High Court
Category: Legal Updates
Procedure of Cross-Examination should adhere to principles of Natural Justice: Delhi High Court
Citation: Manjeet Singh v Indraprastha Gas (Delhi High Court, W.P.(C) 6352/2016) Highlights Cross Examination must be written not verbal. It is important to treat the goodwill, fair name and dignity of the innocent with utmost care Facts The petitioner (Manjeet Singh) appealed before the High Court, seeking the quashing of the report of the Internal Complaints… Continue reading Procedure of Cross-Examination should adhere to principles of Natural Justice: Delhi High Court
The ICC to be treated as an Inquiry Committee under service rules: Kerala High Court
Citation: L.S. Sibu v Air India Ltd (Kerala High Court, WP(C).No. 4001 of 2016 (A)) Highlights: The enquiry to be conducted under Section 13 is not a preliminary enquiry but should be a full-fledged enquiry as to the finding of fact and the enquiry has to be conducted by the Internal Complaints Committee, like a disciplinary… Continue reading The ICC to be treated as an Inquiry Committee under service rules: Kerala High Court
Complaint is not time barred in the absence of ICC: Allahabad High Court
Citation: Vishwesh Dayal Shrivastava v Union of India (Allahabad High Court, WRIT – A. No. 13763 OF 2015) Highlights: When an Internal Complaints Committee has not been constituted, the complaint is not time barred. Facts: During the petitioner’s tenure as librarian at IIT, Kharagpur,a complaint was made against him in the Internal Complaints Committee (ICC) alleging… Continue reading Complaint is not time barred in the absence of ICC: Allahabad High Court
Where the grievance of the petitioner amount to “service matter”, the Central Administrative Tribunal is the Court of first instance: Madhya Pradesh High Court
Citation: Ramesh Pal v. Union of India and Ors. (MP High Court WP 9086 of 2013) Highlights: Where the matter was under the jurisdiction of the tribunal, it was out of the hands of the High Court. When the matter was deemed to be a service matter, it was held that the tribunal would be the… Continue reading Where the grievance of the petitioner amount to “service matter”, the Central Administrative Tribunal is the Court of first instance: Madhya Pradesh High Court
A complaint preferred with the imputation of misconduct/misbehaviour involving sexual harassment shall be placed before the complaints committee and not before the disciplinary authority: Kerala High Court
Citation: Union of India Vs. S. Jaitha and Ors. (Kerala High Court WP 9695 of 2008) Highlights: It was held in this case that when a petition is brought before the committee, it must proceed with their enquiry, and the proceedings so conducted, were not to be intercepted. Facts: The Petitioner had approached the committee… Continue reading A complaint preferred with the imputation of misconduct/misbehaviour involving sexual harassment shall be placed before the complaints committee and not before the disciplinary authority: Kerala High Court
An appeal must be made in order to challenge a decision and not on the quantum of punishment: Calcutta High Court
Citation: Pradip Mandal v Union of India and Ors. (Calcutta High Court WP 2991 of 2016) Highlights: In this case it was held that an inquiry report made by the ICC binds the employer. Facts: A case of sexual harassment had been filed against the petitioner. The ICC in this case found the petitioner guilty and… Continue reading An appeal must be made in order to challenge a decision and not on the quantum of punishment: Calcutta High Court
The jurisdiction of Tribunals cannot be overlooked by approaching the High Court: Delhi High Court
Citation: Sarita Verma V. New Delhi Municipal Corporation &Ors. (Delhi High Court 2016(4)SCT33(Delhi)) Highlight: It is not open for litigants to directly approach the High Courts by overlooking the jurisdiction of the Tribunal concerned. Fact: The Petitioner, charged with sexual harassment, had challenged the order of the Sexual Harassment Committee of the Respondent. Issue: Whether… Continue reading The jurisdiction of Tribunals cannot be overlooked by approaching the High Court: Delhi High Court
Maternity Benefits for Indian Women: Changes in the Maternity Benefit Law from 1961 to 2017
On the recommendations of the 44th, 45th and 46th sessions of the Indian Labor Conference convened by the Ministry of Labor and Employment, as well as in line with recommendations made by the Ministry of Women and Child Development, the Maternity Benefit Act, 1961 was amended and received approval from both houses. It received Presidential assent on… Continue reading Maternity Benefits for Indian Women: Changes in the Maternity Benefit Law from 1961 to 2017
Indian Courts on ICC members’ selection & qualification as per POSH Act 2013
Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act, 2013), Internal Complaints Committee (ICC) is the focal point for redressal of sexual harassment complaints by employees. Thus, it is vital that the ICC constituted which is just and impartial in the inquiries it undertakes, and has the requisite… Continue reading Indian Courts on ICC members’ selection & qualification as per POSH Act 2013
