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
Category: Sexual Harassment
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
17 Essential Ingredients and Guidelines for drafting an Anti-Sexual Harassment Policy
Only paying employees enough might not ensure productivity. According to a new research by economists at the University of Warwick, happier employees showed a spike in productivity. Individuals need a sense of safety and well-being in order to be happy. A safe working environment for employees at workplaces acts as an important factor which,… Continue reading 17 Essential Ingredients and Guidelines for drafting an Anti-Sexual Harassment Policy
Annual Compliance Report under Sexual Harassment of Women at Workplace Act, 2013
According to the Sexual Harassment of Women at Workplace Act, 2013, the Internal Complaints Committees and the Local Complaints Committees, must, prepare a yearly annual report in the form and time prescribed, and submit it to the employer or the District Officer, as may be the case. A brief report of the annual reports is… Continue reading Annual Compliance Report under Sexual Harassment of Women at Workplace Act, 2013
Legal Obligation of Employer to Display Notices at Offices under POSH Act, 2013
The duties of the employer under the Sexual Harassment of Women at Workplace Act, 2013, go beyond simply constituting an Internal Complaints Committee or conducting employee sensitization sessions. One of the most important duties of the employer is to make sure that not only are the necessary redressal mechanisms in place according to the applicable… Continue reading Legal Obligation of Employer to Display Notices at Offices under POSH Act, 2013
Displaying Notices at Offices under the Sexual Harassment at Workplace Law
Employers have a duty under the Sexual Harassment of Women at Workplace Act, 2013, to display notices at conspicuous places, which deal with the penal consequences of violating the law, as well as the order for the constitution of an ICC in the organisation. This is a rule that has a huge direct impact on… Continue reading Displaying Notices at Offices under the Sexual Harassment at Workplace Law
Who conducts Employee Sensitization in a Company under Sexual Harassment Law at Workplace
Employee sensitization is one of the legally mandated duties off an employer under the Sexual Harassment of Women at Workplace Act. While the law is not very strict with its requirements regarding the same, there are certain practices that are best followed in order to ensure that organisations can efficiently achieve their objectives. A major… Continue reading Who conducts Employee Sensitization in a Company under Sexual Harassment Law at Workplace
