High Court affirms that dismissal of sexual harassment complaint without inquiry is appealable under POSH Act, ensuring judicial scrutiny and protection for aggrieved women.
In a significant ruling, the Bombay High Court has upheld the right of an aggrieved woman to appeal against a decision by an Internal Complaints Committee (ICC) that dismissed her complaint of sexual harassment for lacking a sexual element. The judgment, delivered by Justice Sandeep V. Marne, clarifies the scope of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act), emphasizing its nature as a welfare legislation aimed at protecting women's rights in the workplace.
The case involved several writ petitions challenging the decision of the Industrial Court, Mumbai, which had set aside an ICC's communication that refused to entertain a complaint for lack of a sexual element. The petitions were filed by employees of Maple Infra, including Mr. Anup Vikal, Ms. Chandrani Sen, and Mr. Rohit Anand, who argued that the Industrial Court erred in its judgment by deciding on the merits of the appeal without addressing the maintainability issue.
Justice Marne's judgment underscores that a communication by the ICC dismissing a complaint without an inquiry can be treated as a "recommendation" under Section 13(2) of the POSH Act, making it appealable under Section 18. This interpretation aligns with the Act's remedial and social welfare objectives, ensuring that women are not left without recourse if their complaints are dismissed prematurely.
The Court criticized the Industrial Court's approach for failing to decide on the maintainability of the appeal separately and for adjudicating the merits without adequate reasoning or opportunity for the parties to argue the case fully. Consequently, the High Court set aside the Industrial Court's order and remanded the appeal for fresh adjudication, directing it to be decided within four months.
The ruling emphasizes that the POSH Act should be interpreted liberally to favor the aggrieved women, reinforcing their right to a dignified and safe working environment. By affirming the availability of an appellate remedy, the judgment seeks to prevent organizations from evading statutory compliance by dismissing complaints at the threshold, thus ensuring accountability and justice for victims of workplace harassment.
Bottom Line :
POSH Act, 2013 - Communication by ICC rejecting a complaint for lack of sexual element can be treated as a "recommendation" under Section 13(2) of the Act, making it appealable under Section 18.
Statutory provision(s):
Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 - Sections 11, 13(2), 18
Anup Vikal v. State of Maharashtra, (Bombay) : Law Finder Doc id # 2963147
