Respondent in POSH case

Dear Client,
From the contents of the query, it appears that you are aggrieved with the inquiry proceeding carried on by IIC(Internal Inquiry Committee) in the allegation brought against you under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, also known as the ‘POSH Act and you were not allowed to defend your case following the principle of natural justice. Be informed that the accusation must be filed “within 3 months from the date of the incident,” to the IIC (Internal Inquiry Committee) according to the Act. The IIC has two options: either to file a police complaint or file a charge sheet/show cause to the concerned employee which must be accomplished within ninety days. Within ten days of the inspection’s execution, the ICC must give the employer a paper detailing its findings. The report is available to both stakeholders. According to the legislation, the legitimacy of the lady, the accused, and any eyewitnesses, as well as any relevant information on the investigation, proposal, and action taken, is not to be publicly disclosed. When the investigation is finished, the IIC must provide the employer with a report on its findings within 10 days. Both parties are also given access to the report. If the allegations of sexual harassment are proven, the IIC advises the employer to take action “in accordance with the provisions of the company’s service rules. Following the recommendations, the aggrieved woman or respondent has 90 days to file an appeal in court. Section 14 of the Act addresses the penalties for filing a false or malicious complaint and providing false evidence. In this case, the IIC “may recommend” to the employer that action be taken against the woman or the person who filed a false complaint “in accordance with the provisions of the service rules.” In case, pursuant to the recommendation of IIC based on the inquiry/investigation goes against the respondent, and he is awarded a capital punishment like termination/dismissal from service, he can bring the matter to the notice of the District Magistrate or ADM who is designated as the District Officer of the Local Complaints Committee u/s.5 of the Act for redressal of your grievance. If you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, you should raise an Industrial dispute directly before the State Govt. Industrial Tribunal under Sec.2A of the I D Act claiming reinstatement with back wages. If the order of the Industrial Tribunal goes against you, you can challenge the said order by filing an appeal before the High Court under Article 227 of the Constitution of India. otherwise, if you are holding the position of Manager or Administrator in the Company, you have to file a civil suit before the Civil Court for desired relief in the matter. Further, if your establishment is registered under the state-specific Shops and Establishment Act, then you can escalate your grievance before the Chief Inspector, Shops and Establishments appointed by the State Govt. under the Act. Reach out to an Advocate experienced in service and corporate matters for advice and action to navigate the issue in the right way.

Dear Client,
The third party cannot be considered to be a necessary party for deciding the main issue framed in the suit. Mere ground that inclusion of the proposed third party would not alter the structure of the suit may not entitle the party to ask the Court to implead the third party as a defendant. In case procedural irregularities are substantial and have impacted the outcome, you might request a reconsideration of the case by the ICC. Under POSH Act, external Member plays a critical role in the discharge of the powers and the duties of the IC. You can approach the external member if you believe there were procedural lapses. If both parties are open, mediation or conciliation can be explored as an alternative dispute resolution method. If you believe that ICC's decision is grossly unfair or based on incorrect legal principles: You can challenge the decision in a court of law through a judicial review. We hope that our response is helpful to you.