The Bombay High Court recently ruled that an employee who voluntarily participates in proceedings before an Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), cannot later challenge the validity of the committee's constitution merely because the inquiry's outcome is unfavorable.
Case Background
The case involved a writ petition filed by an employee seeking to quash the findings of an ICC that had found him guilty of sexual harassment. The petitioner contended that the ICC was not properly constituted as required under Sections 4 and 11 of the POSH Act, 2013. Specifically, he argued that one of the committee members, being a neighbor of the father of the aggrieved woman, could have been influenced by the latter.
Court's Observations
A Division Bench of Justice Ravindra V. Ghuge and Justice Ashwin D. Bhobe noted that the petitioner had participated in the entire inquiry without raising any objections regarding the composition of the ICC or its members. The Court emphasized that objections to the constitution of the committee could not be entertained after the conclusion of the proceedings and an unfavorable outcome.
The Court further observed that the petitioner had failed to make out any case of legal defect in the constitution of the ICC. The materials placed on record indicated that the relevant laws were complied with, and the principles of natural justice were followed during the inquiry.
Legal Implications
This ruling underscores the importance of raising objections at the earliest opportunity during internal proceedings. Employees who participate in ICC inquiries without objection may be deemed to have waived their right to challenge the committee's constitution later. The decision reinforces the principle that the legal process must be respected, and challenges cannot be raised post facto based on unfavorable outcomes.
The judgment also highlights the necessity for employers to ensure that ICCs are constituted in compliance with the POSH Act, maintaining transparency and fairness in handling complaints of sexual harassment in the workplace.
Conclusion
In conclusion, the Bombay High Court's decision serves as a reminder to both employees and employers about the importance of adhering to procedural norms and timelines in internal grievance redressal mechanisms. Employees should raise any concerns regarding the constitution of the ICC at the outset of the proceedings, and employers must ensure compliance with the POSH Act to uphold the integrity of the inquiry process.
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