Without any evidence on record no action can be taken
Yes there is an appeal remedy against the ICC order to state authority under POSH Act
Unfair harassment by ICC committee
The Subject is a long-time employee at her company. As a senior employee she was inducted in the corporate's ICC committee. Around 6 months ago, during an inquiry in a sexual harrassment case the complainant (not the "Subject" referred in this question) alleged that she heard that general news has spread about their case in the office. For some reason, the complainant alleged that this news was leaked by the Subject. This was proveably false. The ICC carried out an extremely one-sided inquiry; during which they resorted to intimidation tactics to get a "confession" out of the Subject. The Subject is innocent of this, and has maintained their innocence despite all these tactics. The inquiry went on to pass a "guilty" verdict. They have since resorted to highly intimidating behaviour and written communication against the Subject, still trying to get her to apologise and admit guilt. This has gone on for multiple months now. This entire process has caused her immense amount of mental stress and severe impedance towards her work-performance. How should she respond? Also - a few questions... 1. We're aware that "Breach of confidentiality" can result in disqualification from ICC committee and a Rs. 5000/- fine. However the ICC is threatening "worse action". Can they cause any harm to Subject's career? 2. Is there an appeals process for the Guilty verdict the ICC has passed? Your studied responses are appreciated. Thanks in advance.
Asked 2 years ago in Labour
5 Answers
If she has evidence for intimidation and harassment meted out to you on the basis of some false cases, she can very well approach the appropriate legal forum to get her grievances redressed.
1. This depends on what actions they are intending to initiate agaisnt the subject because you can seek remedy only after some actions have been initiated and not before that.
2. Yes, the aggrieved party do have rights to prefer an appeal against the grievances suffered due to this.
member of the IC or DC, as the case may be, shall cease to hold office as a member in the following events:
- Has breached confidentiality of the matter (except where it is permissible)
- Is found guilty in any disciplinary proceeding or any disciplinary proceeding is pending against him/her
2)Any breach of confidentiality of process attracts a penalty of Rs. 5,000/- from the person committing the breach and any other punishment that the IC or DC as the case may be determined at its sole discretion.
3)In the event any party is aggrieved of the recommendation so provided by the IC, can file an appeal with the appellate authority notified in Section 2(a) of the Industrial Employment (Standing Orders) Act, 1946 within 90 days from the date of such recommendation. In the event any party is aggrieved of the recommendation provided by DC, can file an appeal with the Employer.
Hello,
1. You are correct in that the Act provides for only two consequences for violation by an ICC committee member of the confidentiality obligation contained in Section 16, to wit: (a) removal from the ICC (S. 4[5][a]) and (b) a fine of Rs. 5000 (rule 12 of the rules framed under s. 29 of the Act). A greater penalty would be dehors or beyond the scope of the Act. In other words, they cannot visit the Subject with a greater punishment. At least not under the Act. It is not clear if the Subject is being threatened with said extra-statutory consequences under their employment contract. Further, such intimidation could give the Subject a cause of action of their own (in tort or contract or both). But it is not possible for me to comment on all of that without the full facts of the case.
2.A determination that a person has breached s. 16 is indeed appealable. The appeal has to be filed with the Appellate Authority notified by the government under clause (a) of section 2 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946). This its as per rule 11 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013. The appeal is to be filed within 90 days of the recommendations sought to be challenged (i.e., the recommendation that Subject be punished for breach of S. 16).
The Maharashtra Government has designated Industrial Courts constituted under section 10 of the Maharashtra Industrial Relations Act (XI of 1947) as the "Appellate Authority." There are about twenty Industrial Courts in Maharashtra: Pune, Mumbai, Dhule, Nagpur, Thane, Kolhapur, Nashik, A u r a n g a b a d , A m a r a v a t i , Ahmednagar, Solapur, Jalna, Akola, Yavatmal, Satara, Jalgaon, Chandrapur, Bhandara, Sangali and Latur.
The Subject is therefore advised to forthwith file an appeal with the appropriate Industrial Court. They can then have any adverse findings and recommendations overturned. Needless to say a successful appeal would give their tormentors pause.
Hope that answers your question.
Any person aggrieved by penalty for publication or making known contents of complaint and inquiry proceedings has right under Section 18 to appeal against such penalty to the Court or Tribunal in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist then, the person aggrieved may prefer an appeal in such manner as may be prescribed. The appeal shall be preferred within a period of ninety days of the of the recommendations. She can appeal to Local Committee appointed by District Officer. ICC has no power to cause any harm to career of subject.
