Case Brief
Name of Court: High Court of Madras
Parties: Dr. A. Manimekalan v. The Registrar, Bharathiar University & Ors.
Case No.: W.P. No. 4189 & 4223 of 2023
Date of Order: 20.02.2023
Bench: Hon’ble Mr. Justice Abdul Quddhose
Facts:
A (Respondent No. 2) and B (Respondent No. 3) filed a complaint of sexual harassment against X (Petitioner). X challenged the notice issued to him by Y (Respondent No. 1) seeking his reply for the complaint so received.
Issue:
Whether the notice issued by Y (i.e., the employer) to X seeking response to a sexual harassment complaint when there is an internal committee constituted for such purpose is valid?
Law: Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013
Analysis:
X made the following arguments:
- Once IC has been constituted, the employer i.e., Y would have no role to play.
- X has not been given a copy of the complaint.
Y made the following arguments:
- The notice issued by Y was a prior communication sent to X. IC has subsequently issued summons to X directing him to attend the hearing.
Conclusion:
The High Court disposed of the petition on the following grounds:
- Copy of complaint and other documents based on which the complaint has been filed was directed to be furnished to X.
- IC was directed to follow the procedure prescribed under POSH Act.
By – Divya R, Trainer & External Member, Chief Quality Officer (Social Media)