Case Law Analysis
|Bombay High Court
Pre-POSH Domestic Enquiry | Fairness Under Standing Orders Suffices, Not Vishaka Committee Structure: Bombay HC
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.