Topic
The PoSH Act mandates prevention and redressal of sexual harassment at workplaces in India, requiring organizations to establish Internal Complaints Committees and follow due process.
Meghalaya HC upholds suspension of MCA Honorary Secretary under POSH Act, validates Ombudsman de facto despite AGM appointment rule breach, quashes meetings held in violation of court orders.
The tribunal ruled that once an Internal Complaints Committee substantiates sexual harassment allegations, the employer's statutory obligation under the POSH Act to ensure a safe workplace takes precedence over transfer policies and the employee's tenure expectations. This upholds preventive transfers as a legitimate tool to protect complainants and maintain institutional integrity in service law.
The Delhi High Court ruled that the POSH Act does not replace an employer’s service rules and that a Voluntary Cessation of Service order cannot be invoked to retaliate against an employee who files a harassment complaint. This safeguards complainants’ job security and entitles them to back-wages and compensation.
An ICC email declaring a complaint lacks a sexual element is deemed a ‘recommendation’ under Section 13(2) of the POSH Act, permitting a Section 18 appeal. The Bombay HC set aside the Industrial Court’s order, remanding the case for fresh consideration and confirming the right to appeal.
The Madhya Pradesh High Court has ordered that all Internal Complaints Committees under the POSH Act must conclude inquiries into sexual harassment complaints within three months, establishing a binding time-bound framework for redressal. This ruling strengthens accountability in workplaces and empowers complainants by preventing indefinite delays in justice delivery.
The Madhya Pradesh High Court has ruled that a college’s internal inquiry report under the POSH Act is relevant evidence in a criminal sexual assault case and can be summoned by the trial court under Section 94 BNSS. This sets a critical precedent for using institutional accountability records to test prosecutorial testimony, empowering accused persons to confront witnesses with prior sworn statements during prosecution evidence.
Allahabad High Court rules that Internal Complaints Committees (ICCs) cannot reject delayed complaints under the POSH Act without a reasoned analysis of merits. The court emphasized full compliance with natural justice principles, including recording complainant statements and allowing cross-examination, before concluding guilt. This ruling impacts workplace harassment inquiries across educational and research institutions.
Tripura High Court quashes a sexual harassment inquiry for violating natural justice, ruling that Internal Complaints Committees (ICCs) must consist of members senior to the accused, follow CCS (CCA) Rules, and allow cross-examination. The judgment rejects the notion of 'preliminary fact-finding' under the POSH Act, reinforcing procedural safeguards for accused employees in workplace harassment cases.
CAT Cuttack ruled that appointing an Internal Complaints Committee (ICC) chairperson as the disciplinary inquiry officer in a sexual harassment case breaches the principle of natural justice. The tribunal quashed the termination order of a Gramin Dak Sevak and awarded 50% terminal retirement compensation, reinforcing bias-free administrative proceedings under service law.
Bombay High Court at Goa rules that the Internal Complaints Committee (ICC) cannot shield the identity of a known instigator of a false sexual harassment complaint under the POSH Act. The court directed the ICC to amend its findings to explicitly name the principal who coerced the complainant, ensuring transparency and accountability in workplace harassment proceedings.
The Bombay High Court has ruled that for sexual harassment inquiries conducted before the POSH Act, procedural fairness under certified Standing Orders is sufficient to validate a domestic enquiry-no Vishaka Complaints Committee is required. This clarifies the legal standard for employers and labour courts handling legacy cases, ensuring disciplinary processes aren't invalidated by anachronistic compliance demands.
Bombay HC rules that institutions with special statutes like the POSH Act need not conduct a separate departmental inquiry under CCS(CCA) Rules for major penalties like compulsory retirement. The ICC report under POSH Act is conclusive when institutional policies explicitly override general service rules, streamlining disciplinary proceedings for sexual harassment cases.
Himachal Pradesh High Court clarifies that the Industrial Tribunal-cum-Labour Court, notified under the Industrial Employment (Standing Orders) Act, 1946, serves as the appellate authority under Section 18 of the POSH Act. The ruling dismisses the petitioner's plea for fresh notification, affirming existing legal mechanisms for appeals against Internal Complaints Committee recommendations.