IC must adhere

Madras HC: IC must adhere to the procedure outlined in the POSH Act

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: 

  1. Once IC has been constituted, the employer i.e., Y would have no role to play. 
  1. X has not been given a copy of the complaint. 

Y made the following arguments: 

  1. 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: 

  1. Copy of complaint and other documents based on which the complaint has been filed was directed to be furnished to X. 
  1. IC was directed to follow the procedure prescribed under POSH Act. 

By  – Divya R, Trainer & External Member, Chief Quality Officer (Social Media) 

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