PoSH Act: ICC of the Employer of the Complainant (Victim) is also empowered to conduct enquiry -Path-breaking Ruling by the Hon'ble Supreme Court
KEY POINTS BY LAWSHASTRA - FULL JUDGEMENT APPENDED BELOW This path-breaking judgement by the Hon’ble Supreme Court, has well enunciated the objectives of the VISHAKA Guidelines and the PoSH Act, while spelling out the jurisdictional aspects of the “Employer” Crystal clear. Precisely, the jurisdictional challenge by the Appellant in the present case, inter alia relates to whether the Internal Complaints Committee (hereinafter referred to as “ICC”) constituted at a certain Department of the Government of India can entertain a complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as “POSH Act”) against the Appellant who was working at a different Department of the Government of India at the relevant time. Key Points for reference PoSH Act. (extracts) Section 2(a) “(a) “aggrieved woman” means - in relation to a workplace, a woman, of any age whether employed or n...