Mumbai: An industrial court on Monday set aside a dismissal by a company’s internal co- mplaints committee (ICC) of a woman employee’s Oct 2023 ‘sexual harassment’ complaint and directed the panel to hold a proper enquiry by hearing all parties within 3 months.
The court held that the ICC “failed to conduct a full-fledged inquiry” as mandated by law the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redres- sal) Act of 2013(POSH). “A summary disposal of a complaint without touching its contents is not permissible under this Act,” the court said.
The court observed that within two days, the complaint was referred for an enquiry. It said it appears within “20 minutes” of acknowledging the complaint, its dismissal was communicated via email. The same day the woman was dismissed from service. The tribunal said sans a full enquiry, merely on a ‘prima facie’ view, ICC cannot conclude lack of harassment. The court dismissed the company’s plea that her appeal against ICC finding was not maintainable under POSH Act. The court said the term ‘sexual harassment’ is wide enough and allegations against 2 executives during her employment can be covered “under its umbrella”.
