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
Category: Legal Updates
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
From 2014 to 2017: How Courts Have Interpreted ICC’s Role Under The POSH Act 2013
Written By: Ishrita Bagchi, Edited by: Ungender Blog Team The Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act, 2013) envisioned the creation of a body known as the Internal Complaints Committee (ICC) in every workplace. ICC under POSH Act 2013 is meant to act as a watchdog to… Continue reading From 2014 to 2017: How Courts Have Interpreted ICC’s Role Under The POSH Act 2013
