In an 8th July 2021 Bombay High Court Matter, the Bombay High Court observed that a woman can file an appeal against the company’s internal committee (IC) report or dismissal of complaint to any court or tribunal as an appellant authority under the clause (a) of section 2 of the Industrial Employment Act, 1946 and under section 18 and Rule 11 of the Sexual Harassment of Women at Workplace Act, 2013 (POSH Act)
In 2020, the petitioner approached the Bombay High Court, with a complaint against her company where she was employed. The petitioner stated that her company refused to take any action on her complaint against sexual harassment and dismissed her case by saying that “No action was required”, due to which she has no where to go now. The petitioner also raised questions against her “illegal termination” from the company in the month of June 2020.
The Court Held:
- Any woman aggrieved from non implementation of the provisions of the Sexual Harassment of Women at Workplace Act, 2013 (POSH Act) can appeal to the tribunals or court within 90 days of the said decision of the Internal Committee (IC) under section 18 of the POSH Act.
- The court observed that an appeal can also be filed in the Industrial Court under the provisions of Section 2(a) of the Industrial Employment Act, 1946, wherein the industrial court of Mumbai has jurisdiction over the Mumbai sub urban district and Mumbai City. Thus the petitioner can file an appeal for remedy before the industrial court of Mumbai under the said provisions.
Please note that in 2021, the Government of Maharashtra being an appropriate Government has appointed 20 Industrial Courts constituted under section 10 of the Maharashtra Industrial Relations as the Appellate Authority to exercise the functions of an Appellate Authority under the POSH Act.
Please note:
Section 18 of the POSH Act states that “Any person aggrieved from the recommendations made under sub-section (2) of section 13 or under clause (i) or clause (ii) of sub-section (3) of section 13 or sub-section (1) or subsection (2) of section 14 or section 17 or non-implementation of such recommendations may prefer an appeal to the court or tribunal in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist then, without prejudice to provisions contained in any other law for the time being in force, the person aggrieved may prefer an appeal in such manner as may be prescribed.”
Rule 11 of POSH Rules states that “…any person aggrieved from the recommendations made under sub-section (2) of section 13 or under clauses (i) or clause (ii) of sub-section (3) of section 13 or sub-section (1) or sub-section (2) of section 14 or section 17 or non-implementation of such recommendations may prefer an appeal to the appellate authority notified under clause (a) of section 2 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946).”