A complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was filed by Ms. Shanti against Om, who was working as the General Manager of the Company in Mumbai. The com

CS Professional · Labour Laws and Practice · PYQS · June 2025
A complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was filed by Ms. Shanti against Om, who was working as the General Manager of the Company in Mumbai. The complaint was referred to the Internal Complaint Committee (ICC), constituted by the Company. The ICC, upon analysing the complaint, came to the conclusion that the relationship between Shanti and Om were based on personal grounds with mutual consent and that the allegations of sexual, emotional and mental harassment were not substantiated by Shanti. Accordingly, the complaint against Om was rejected by the ICC. However, the ICC observed that the behaviour of the parties had been inappropriate and unbecoming of Officers/Employees of the Company and accordingly recommended the Competent Authority to take suitable action against the Parties, as deemed fit. Based on the report from ICC and certain other facts which the Company had ascertained out of the various communications between Om and Shanti, a charge- sheet was served upon Shanti, under Employees' (Discipline & Appeal) Regulations of the Company. Aggrieved by the Charge Sheet, Shanti preferred a petition: Decide the validity of recommendation by ICC and consequent charge sheet to Shanti.

Answer & Explanation:

Section 13(2) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides that where the Internal Committee or the Local Committee, as the case may be, arrives at the conclusion that the allegation against the respondent has not been proved, it shall recommend to the employer and the District Officer that no action is required to be taken in the matter. As per the above provisions, if the allegations of sexual harassment or any other form of harassment, as contemplated under the Act, are not proved before the ICC, the ICC can only recommend the employer to not take any action in the particular matter. However, the ICC, in the given case, has gone beyond its statutory mandate, as recognised under Section 13(2) of the Act. It has given observations stating that both the parties i.e., Shanti and Om have indulged in inappropriate and unbecoming conduct and indiscipline, and has recommended the competent authority to take suitable action against them. Giving such a recommendation is clearly beyond the jurisdiction of the ICC. Further, as one of the factors leading to the charge-sheet was the recommendation of ICC, the charge-sheet which seeks to take disciplinary action against Shanti is liable to be rejected.

Topics: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

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